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DOCUMENTS ILLUSTRATIVE

OF

AMERICAN HISTORY

1606-1863

WITH INTRODUCTIONS AND REFERENCES

BY

HOWARD W. PRESTON

*-«-«-

NEW YORK & LONDON

G. P. PUTNAM'S SONS

£De Biucfterbocfeer JHcss

1886

COPYRIGHT BY

G. P. PUTNAM'S SONS.
1 886.

£'7H

T^3

Press oj

G. P. PutnanC s Sons

New York,

s?

TO
MY FATHER.

PREFACE.

In his inaugural lecture at Oxford, October, 1884, Prof.
Freeman declared that the historical professor " must
ever bear in mind himself and ever strive to impress on
the minds of others that the most ingenious and most
eloquent of modern historical discourses can after all be
nothing more than a comment on a text." A conviction
of this truth was the incentive to this work.

It is hoped that this presentation of a few of the more
important documents, the original authorities and sources
of our history, may promote in some degree a more accu-
rate knowledge of American history. Should this hope
be realized the editor will be well repaid.

Howard W. Preston.
Providence, R. I.

February 13, 1886.

CONTENTS.

PAGE

First Virginia Charter— 1606 1

Second Virginia Charter — 1609 14

Third Virginia Charter — 1612 22

Mayflower Compact — 1620 29

Ordinance for Virginia — 1621 32

Massachusetts Charter — 1629 36

Maryland Charter — 1632 62

Fundamental Orders of Connecticut — 1639 78

New England Confederation — 1643 §5

Connecticut Charter — 1662 96

Rhode Island Charter — 1663 no

Pennsylvania Charter — 1681 130

Penn's Plan of Union — 1697 146

Georgia Charter — 1732 148

Franklin's Plan of Union — 1754 170

Declaration of Rights — 1765 188

Declaration of Rights — 1774 192

Non-Importation Agreement — 1774 199

Virginia Bill of Rights — 1776 206

Declaration of Independence — 1776 210

Articles of Confederation — 1777 218

Treaty of Peace — 1783 232

Northwest Ordinance — 1787 240

Constitution — 1787 251

Alien and Sedition Laws — 1798 277

Virginia Resolutions — 1798 283

Kentucky Resolutions — 1798 287

Kentucky Resolutions — 1799 295

Nullification Ordinance — 1832 299

Ordinance of Secession — 1860 304

South Carolina Declaration of Independence — 1S60 305

Emancipation Proclamation — 1863 313

References 317

Index of Documents 319

DOCUMENTS ILLUSTRATIVE

OF

AMERICAN HISTORY.

FIRST VIRGINIA CHARTER— 1606.

The favorable report of the country brought
home by the early English explorers, joined to
English activity, led to the formation of the Vir-
ginia Company, on a plan somewhat similar to the
famous East India Company. In 1606 James I.
granted the necessary charter, and in the spring of
the following year Jamestown was founded.

" The first written charter of a permanent
American colony, which was to be the chosen
abode of liberty, gave to the mercantile corpora-
tion nothing but a desert territory, with the right
of peopling it and defending it, and reserved to the
monarch absolute legislative authority, the con-
trol of all appointments, and a hope of an ultimate
revenue. The emigrants were subjected to the
ordinances of a commercial corporation, of which
they could not be members ; to the dominions of
a domestic council, in appointing which they had
no voice ; to the control of a superior council in

1

2 DOCUMENTS ILLUSTRATIVE

England, which had no sympathies with their
rights ; and finally, to the arbitrary legislation of
the sovereign." (Bancroft.)

This charter is of especial interest as the first
under which a permanent English settlement was
planted in America.

Consult Bancroft's U. S., isted., I., 120; Cente-
nary ed., L, 95 ; lasted., I., 85 ; Hildreth's U. S., I.,
94; Doyle's English Colonies in America, 109;
Bryant and Gay's U. S., I., 267 ; Cooke's Va., 16 ;
Neil's Va. Co., 3 ; Stith's Va.; Chalmers' Political
Annals, 12.

THE FIRST CHARTER OF VIRGINIA— 1606.

JAMES, by the Grace of God, King of England, Scot-
land, France and Ireland, Defender of the Faith, etc.
WHEREAS our loving and well-disposed Subjects, Sir
Thomas Gates, and Sir George Somers, Knights, Richard
Hackluit, Clerk, Prebendary of Westminster, and Edivard-
Maria Wingfield, Thomas HanJiam, and Ralegh Gilbert,
Esqrs. William Parker, and George Popham, Gentlemen,
and divers others of our loving' Subjects, have been hum-
ble Suitors unto us, that We would vouchsafe unto them
our Licence, to make Habitation, Plantation, and to de-
duce a colony of sundry of our People into that part of
America commonly called VIRGINIA, and other parts and
Territories in America, either appertaining unto us, or
which are not now actually possessed by any Christian
Prince or People, situate, lying, and being all along the
Sea Coasts, between four and thirty Degrees of Northerly
Latitude from the Equinoctial Line, and five and forty
Degrees of the same Latitude, and in the main Land be-
tween the same four and thirty and five and forty De-

OF AMERICAN HIS TOR Y. 3

grees, and the Islands thereunto adjacent, or within one
hundred Miles of the Coast thereof ;

And to that End, and for the more speedy Accomplish-
ment of their said intended Plantation and Habitation
there, are desirous to divide themselves into two several
Colonies and Companies ; the one consisting of certain
Knights, Gentlemen, Merchants, and other Adventurers,
of our City of London and elsewhere, which are, and from
time to time shall be, joined unto them, which do desire
to begin their Plantation and Habitation in some fit and
convenient Place, between four and thirty and one and
forty Degrees of the said Latitude, alongst the Coasts of
Virginia, and the Coasts of America aforesaid: And the
other consisting of sundry Knights, Gentlemen, Mer-
chants, and other Adventurers, of our Cities of Bristol
and Exeter, and of our Town of Plimouth, and of other
Places, which do join themselves unto that Colony,
which do desire to begin their Plantation and Habitation
in some fit and convenient Place, between eight and
thirty Degrees and five and forty Degrees of the said
Latitude, all alongst the said Coasts of Virginia and
America, as that Coast lyeth :

We, greatly commending, and graciously accepting of,
their Desires for the Furtherance of so noble a Work,
which may, by the Providence of Almighty God, here-
after tend to the Glory of his Divine Majesty, in propa-
gating of Christian Religion to such People, as yet live in
Darkness and miserable Ignorance of the true Knowl-
edge and Worship of God, and may in time bring the
Infidels and Savages, living in those parts, to human
Civility, and to a settled and quiet Government : DO,
by these our Letters Patents, graciously accept of, and
agree to, their humble and well-intended Desires ;

And do therefore, for Us, our Heirs, and Successors,
GRANT and agree, that the said Sir Thomas Gates, Sir
George Somcrs, Richard Hackluit, and Edward-Maria
Wiftgfield, Adventurers of and for our City of London,

4 DOCUMENTS ILL O'STRA TIVE

and all such others, as are, or shall be, joined unto them
of that Colony, shall be called the first Colony ; And they
shall and may begin their said first Plantation and Habi-
tation, at any Place upon the said Coast of Virginia or
America, where they shall think fit and convenient, be-
tween the said four and thirty and one and forty De-
grees of the said Latitude ; And that they shall have all
the Lands, Woods, Soil, Grounds, Havens, Ports, Rivers,
Mines, Minerals, Marshes, Waters, Fishings, Commodi-
ties, and Hereditaments, whatsoever, from the said first
Seat of their Plantation and Habitation by the Space of
fifty Miles of English Statute Measure, all along the said
Coast of Virginia and America, towards the West and
Southwest, as the Coast lyeth, with all the Islands within
one hundred Miles directly over against the same Sea
Coast ; And also all the Lands, Soil, Grounds, Havens,
Ports, Rivers, Mines, Minerals, Woods, Waters, Marshes,
Fishings, Commodities, and Hereditaments, whatsoever,
from the said Place of their first Plantation and Habita-
tion for the space of fifty like English Miles, all alongst
the said Coasts of Virginia and America, towards the East
and Northeast, or towards the North, as the Coast lyeth,
together with all the Islands within one hundred Miles,
directly over against the said Sea Coast ; And also all
the Lands, Woods, Soil, Grounds, Havens, Ports, Rivers,
Mines, Minerals, Marshes, Waters, Fishings, Commodi-
ties, and Hereditaments, whatsoever, from the same fifty
Miles every way on the Sea Coast, directly into the main
Land by the Space of one hundred like English Miles ;
And shall and may inhabit and remain there ; and shall
and may also build and fortify within any the same, for
their better Safeguard and Defence, according to their
best Discretion, and the Discretion of the Council of
that Colony ; And that no other of our Subjects shall be
permitted, or suffered, to plant or inhabit behind, or on
the Backside of them, towards the main Land, without

OF AMERICAN HISTORY.

5

the Express Licence or Consent of the Council of that
Colony, thereunto in Writing first had and obtained.

And we do likewise, for Us, our Heirs, and Successors,
by these Presents, Grant and agree, that the said Thomas
Hanham, and Ralegh Gilbert, William Parker, and George
Popham, and all others of the Town of Plimouth in the
County of Devon, or elsewhere, which are, or shall be,
joined unto them of that Colony, shall be called the
second Colony ; And that they shall and may begin their
said Plantation and Seat of their first Abode and Habi-
tation, at any Place upon the said Coast of Virginia and
America, where they shall think fit and convenient, be-
tween eight and thirty Degrees of the said Latitude, and
five and forty Degrees of the same Latitude ; And that
they shall have all the Lands, Soils, Grounds, Havens,
Ports, Rivers, Mines, Minerals, Woods, Marshes, Waters,
Fishings, Commodities, and Hereditaments, whatsoever,
from the first Seat of their Plantation and Habitation by
the Space of fifty like English Miles, as is aforesaid, all
alongst the said Coasts of Virginia and America, towards
the West and Southwest, or towards the South, as the
Coast lyeth, and all the Islands within one hundred
Miles, directly over against the said Sea Coast ; And also
all the Lands, Soils, Grounds, Havens, Ports, Rivers,
Mines, Minerals, Woods, Marshes, Waters, Fishings,
Commodities, and Hereditaments, whatsoever, from the
said Place of their first Plantation and Habitation for
the Space of fifty like Miles, all alongst the said Coast
of Virginia and America, towards the East and North-
east, or towards the North, as the Coast lyeth, and all the
Islands also within one hundred Miles directly over
against the same Sea Coast ; And also all the Lands,
Soils, Grounds, Havens, Ports, Rivers, Woods, Mines,
Minerals, Marshes, Waters, Fishings, Commodities, and
Hereditaments, whatsoever, from the same fifty Miles
every way on the Sea Coast, directly into the main Land,
by the Space of one hundred like English Miles ; And

6 DOC U MEN TS ILL USTRA TIVE

shall and may inhabit and remain there ; and shall and
may also build and fortify within any the same for their
better Safeguard, according to their best Discretion, and
the Discretion of the Council of that Colony ; And that
none of our Subjects shall be permitted, or suffered, to
plant or inhabit behind, or on the back of them, towards
the main Land, without express Licence of the Council
of that Colony, in Writing thereunto first had and
obtained.

Provided always, and our Will and Pleasure herein is,
that the Plantation and Habitation of such of the said
Colonies, as shall last plant themselves, as aforesaid,
shall not be made within one hundred like Englisli Miles
of the other of them, that first began to make their Plan-
tation, as aforesaid.

And we do also ordain, establish, and agree, for Us,
our Heirs, and Successors, that each of the said Colonies
shall have a Council, which shall govern and order all
Matters and Causes, which shall arise, grow, or happen,
to or within the same several Colonies, according to such
Laws, Ordinances, and Instructions, as shall be, in that
behalf, given and signed with Our Hand or Sign Man-
ual, and pass under the Privy Seal of our realm of Eng-
land; Each of which Councils shall consist of thirteen
Persons, to be ordained, made, and removed, from time to
time, according as shall be directed and comprised in the
same instructions ; And shall have a several Seal, for all
Matters that shall pass or concern the same several Coun-
cils ; Each of which Seals, shall have the King's Arms
engraven on the one Side thereof, and his Portraiture on
the other; And that the Seal for the Council of the
said first Colony shall have engraven round about, on
the one Side, these Words ; Sigillam Regis Magna Brit-
annia, FrancicB, & Hibcrnia ; on the other Side this
Inscription round about ; Pro Concilio prima Colonics
Virginia. And the Seal for the Council of the said
second Colony shall also have engraven, round about the

OF AMERICAN HIS TOR Y. n

one Side thereof, the aforesaid Words ; Sigilhim Regis
Magna* Britannia, Francia, & Hibemia ; and on the
other Side ; Pro Concilio secunda Colonial Virginia :

And that also there shall be a Council, established here
in England, which shall, in like Manner, consist of thir-
teen Persons, to be, for that Purpose, appointed by Us,
our Heirs and Successors, which shall be called our Coun-
cil of Virginia ; And shall, from time to time, have the
superior Managing and Direction, only of and for all Mat-
ters that shall or may concern the Government as well as
of the said several Colonies, as of and for any other Part
or Place, within the aforesaid Precincts of four and thirty
and five and forty Degrees above mentioned ; Which
Council shall, in like manner, have a Seal, for Matters con-
cerning the Council or Colonies, with the like Arms and
Portraiture, as aforesaid, with this inscription, engraven
round about on the one Side ; Sigillum Regis Magna
Britannia, Francia, & Hibemia ; and round about on
the other Side, Pro Concilio suo Virginia.

And moreover, we do Grant and agree, for Us, our
Heirs and Successors; that the said several Councils
of and for the said several Colonies, shall and lawfully
may, by Virtue hereof, from time to time, without any
Interruption of Us, our Heirs or Successors, give and
take Order, to dig, mine, and search for all Manner of
Mines of Gold, Silver, and Copper, as well within any
part of their said several Colonies, as for the said main
Lands on the Backside of the same Colonies ; And to
Have and enjoy the Gold, Silver, and Copper, to be got-
ten thereof, to the Use and Behoof of the same Colonies,
and the Plantations thereof ; YIELDING therefore to Us,
our Heirs and Successors, the fifth Part only of all the
same Gold and Silver, and the fifteenth Part of all the
same Copper, so to be gotten or had, as is aforesaid, with-
out any other Manner of Profit or Account, to be given
or yielded to Us, our Heirs, or Successors, for or in Re-
spect of the same :

•g DOCUMENTS ILL USTRA TIVE

And that they shall, or lawfully may, establish and
cause to be made a Coin, to pass current there between
the people of those several Colonies, for the more Ease
of Traffick and Bargaining between and amongst them
and the Natives there, of such Metal, and in such Man-
ner and Form, as the said several Councils there shall
limit and appoint.

And we do likewise, for Us, our Heirs, and Successors,
by these Presents, give full Power and Authority to the
said Sir Thomas Gates, Sir George Somers, Richard Hack-
luit, Edward-Maria Wingfield, Thomas Hanham, Ralegh
Gilbert, William Parker, and George Popham, and to
every of them, and to the said several Companies, Plan-
tations, and Colonies, that they, and every of them, shall
and may, at all and every time and times hereafter, have,
take, and lead in the said Voyage, and for and towards
the said several Plantations, and Colonies, and to travel
thitherward, and to abide and inhabit there, in every the
said Colonies and Plantations, such and so many of our
Subjects, as shall willingly accompany them or any of
them, in the said Voyages and Plantations ; With suffi-
cient Shipping, and Furniture of Armour, Weapons,
Ordinance, Powder, Victual, and all other things, neces-
sary for the said Plantations, and for their Use and De-
fence there : Provided always, that none of the said
Persons be such, as shall hereafter be specially restrained
by Us, our Heirs, or Successors.

Moreover, we do, by these Presents, for Us, our Heirs,
and Successors Give and GRANT Licence unto the said
Sir Thomas Gates, Sir George Somers, Richard Hacklnit,
Edivard-Maria Wingfield, Thomas Hanham, Ralegh Gil-
bert, William Parker, and George Popham, and to every
of the said Colonies, that they, and every of them, shall
and may, from time to time, and at all times forever here-
after, for their several Defences, encounter, expulse, repel,
and resist, as well by Sea as by Land, by all Ways and
Means whatsoever, all and every such Person and Per-

OF AMERICAN HIS TOR Y. g

sons, as without the especial Licence of the said several
Colonies and Plantations, shall attempt to inhabit within
the said several Precincts and Limits of the said several
Colonies and Plantations, or any of them, or that shall
enterprise or attempt, at any time hereafter, the Hurt,
Detriment, or Annoyance, of the said several Colonies or
Plantations :

Giving and granting, by these Presents, unto the said
Sir Thomas Gates, Sir George Somers, Richard Hacklait,
Edzvard-Maria Wing field, and their Associates of the
said first Colony, and unto the said Thomas Hanham,
Ralegh Gilbert, William Parker, and George Popham, and
their Associates of the said second Colony, and to every
of them, from time to time, and at all times for ever
hereafter, Power and Authority to take and surprise, by
all Ways and Means whatsoever, all and every Person
and Persons, with their Ships, Vessels, Goods and other
Furniture, which shall be found trafficking, into any
Harbour or Harbours, Creek or Creeks, or Place, within
the Limits or Precincts of the said several Colonies and
Plantations, not being of the same Colony, until such
time, as they, being of any Realms, or Dominions under
our Obedience, shall pay, or agree to pay, to the Hands
of the Treasurer of that Colony, within whose Limits
and Precincts they shall so traffick, two and a half upon
every Hundred, of any thing, so by them trafficked,
bought, or sold ; And being Strangers, and not Subjects
under our Obeysance, until they shall pay five upon
every Hundred, of such Wares and Merchandise, as they
shall traffick, buy, or sell, within the Precincts of the
said several Colonies, wherein they shall so traffick, buy,
or sell, as aforesaid ; Which Sums of Money, or Bene-
fit, as aforesaid, for and during the Space of one and
twenty Years, next ensuing the Date hereof, shall be
wholly employed to the Use, Benefit, and Behoof of the
said several Plantations, where such Traffick shall be
made ; And after the said one and twenty Years ended,

j o DOCUMENTS ILL USTRA TIVE

the same shall be taken to the Use of Us, our Heirs,
and Successors, by such Officers and Ministers as by Us,
our Heirs, and Successors, shall be thereunto assigned or
appointed.

And we do further, by these Presents, for Us, our
Heirs, and Successors, Give and grant unto the said
Sir Thomas Gates, Sir George Somcrs, Richard Hacklait,
and Edward-Maria Wing fie Id, and to their Associates of
the said first Colony and Plantation, and to the said
Thomas Hanham, Ralegh Gilbert, William Parker, and
George Popham, and their Associates of the said second
Colony and Plantation, that they, and every of them, by
their Deputies, Ministers, and Factors, may transport
the Goods, Chattels, Armour, Munition, and Furniture,
needful to be used by them, for their said Apparel,
Food, Defence, or otherwise in Respect of the said Plan-
tations, out of our Realms of England and Ireland, and
all other our Dominions, from time to time, for and dur-
ing the Time of seven Years, next ensuing the Date
hereof, for the better Relief of the said several Colonies
and Plantations, without any Customs, Subsidy, or
other Duty, unto Us, our Heirs, or Successors, to be
yielded or payed for the same.

Also we do, for Us, our Heirs, and Successors, De-
clare, by these Presents, that all and every the Persons
being our Subjects, which shall dwell and inhabit within
every or any of the said several Colonies and Planta-
tions, and every of their children, which shall happen to
be born within any of the Limits and Precincts of the
said several Colonies and Plantations, shall HAVE and
enjoy all Liberties, Franchises, and Immunities, within
any of our other Dominions, to all Intents and Pur-
poses, as if they had been abiding and born, within this
our Realm of England, or any other of our said Domin-
ions.

Moreover, our gracious Will and Pleasure is, and we
do, by these Presents, for Us, our Heirs, and Successors,

OF AMERICAN HISTOR Y. j t

declare and set forth, that if any Person or Persons,
which shall be of any of the said Colonies and Planta-
tions, or any other which shall traffick to the said Col-
onies and Plantations, or any of them, shall, at any time
or times hereafter, transport any Wares, Merchandises,
or Commodities, out of any of our Dominions, with a
Pretence to land, sell, or otherwise dispose of the same,
within any the Limits and Precincts of any of the said
Colonies and Plantations, and yet nevertheless, being at
Sea, or after he hath landed the same within any of the
said Colonies and Plantations, shall carry the same into
any other Foreign Country, with a Purpose there to
sell or dispose of the same, without the Licence of Us,
our Heirs, and Successors, in that Behalf first had and
obtained ; That then, all the Goods and Chattels of
such Person or Persons, so offending and transporting,
together with the said Ship or Vessel, wherein such
Transportation was made, shall be forfeited to Us, our
Heirs, and Successors.

Provided always, and our Will and Pleasure is, and we
do hereby declare to all Christian Kings, Princes, and
States, that if any Person or Persons which .hall here-
after be of any of the said several Colonies and Planta-
tions, or any other, by his, their, or any of their Licence
and Appointment, shall, at any Time or Times hereafter,
rob or spoil, by Sea or Land, or do any Act of unjust
and unlawful Hostility to any the Subjects of Us, our
Heirs, or Successors, or any the Subjects of any King,
Prince, Ruler, Governor, or State, being then in League
or Amitie with Us, our Heirs, or Successors, and that
upon such Injury, or upon just Complaint of such Prince,
Ruler, Governor, or State, or their Subjects, We, our
Heirs, or Successors, shall make open Proclamation,
within any of the Ports of our Realm of England, com-
modious for that purpose, That the said Person or Per-
sons, having committed any such Robbery, or Spoil, shall
within the term to be limited by such Proclamation -,

1 2 DOCUMENTS ILL USTRA T1VE

make full Restitution or Satisfaction of all such Injuries
clone, so as the said Princes, or others so complaining,
may hold themselves fully satisfied and contented ; And,
that if the said Person or Persons, having committed
such Robbery or Spoil, shall not make, or cause to be
made Satisfaction accordingly, within such Time so to
be limited, That then it shall be lawful to Us, our Heirs,
and Successors, to put the said Person or Persons, hav-
ing committed such Robbery or Spoil, and their Procur-
ers, Abettors, and Comforters, out of our Allegiance and
Protection ; And that it shall be lawful and free, for all
Princes, and others to pursue with hostility the said of-
fenders, and every of them, and their and every of their
Procurers, Aiders, abettors, and comforters, in that be-
half.

And finally, we do for Us, our Heirs, and Successors,
Grant and agree, to and with the said Sir Thomas Gates,
Sir George Somcrs, Richard Hackluit, Edward- Maria
Wingfteld, and all others of the said first colony, that
We, our Heirs and Successors, upon Petition in that Be-
half to be made, shall, by Letters Patent under the
Great Seal of England, Give and GRANT, unto such Per-
sons, their Heirs and Assigns, as the Council of that Col-
ony, or the most part of them, shall, for that Purpose,
nominate and assign all the Lands, Tenements, and Her-
editaments, which shall be within the Precincts limited
for that Colony, as is aforesaid, To BE HOLDEN of Us,
our Heirs and Successors, as of our Manor at East-Green-
wichy in the County of Kent, in free and common Soc-
cage only, and not in Capite :

And do in like Manner, Grant and Agree, for Us, our
Heirs and Successors, to and with the said Thomas Han-
ham, Ralegh Gilbert, William Parker, and George Popham,
and all others of the said second Colony, That We, our
Heirs, and Successors, upon Petition in that Behalf to
be made, shall, by Letters-Patent, under the Great Seal
of England, Give and Grant, unto such Persons, their

OF AMERICA ,V J J IS 7 OR Y. ! 3

Heirs and Assigns, as the Council of that Colony, or the
most Part of them, shall for that Purpose nominate and
assign, all the Lands, Tenements, and Hereditaments,
which shall be within the Precincts limited for that Col-
ony, as is aforesaid, To BE HOLDEN of Us, our Heirs,
and Successors, as of our Manor of East-Greenwich, in the
County of Kent, in free and common Soccage only, and
not in Capite :

All which Lands, Tenements, and Hereditaments, so
to be passed by the said several Letters-Patent, shall be
sufficient Assurance from the said Patentees, so distrib-
uted and divided amongst the Undertakers for the Plan-
tation of the said several Colonies, and such as shall
make their Plantations in either of the said several Col-
onies, in such Manner and Form, and for such Estates,
as shall be ordered and set down by the Council of the
said Colony, or the most part of them, respectively,
within which the same Lands, Tenements, and Hered-
itaments shall lye or be ; Although express Mention of
the true yearly Value or Certainty of the Premisses, or
any of them, or of any other Gifts or Grants, by Us or
any of our Progenitors or Predecessors, to the aforesaid
Sir Thomas Gates, Knt. Sir George Somers, Knt. Richard
Hackluit, Edward-Maria Wing field, Thomas Hanham,
Ralegh Gilbert, William Parker, and George Pop ham, or
any of them, heretofore made, in these Presents, is not
made ; Or any Statute, Act, Ordinance, or Provision,
Proclamation, or Restraint, to the contrary hereof had,
made, ordained, or any other Thing, Cause, or Matter
whatsoever, in any wise notwithstanding. In Witness
whereof, we have caused these our Letters to be made
Patents ; Witness Ourself at Westminster, the tenth
Day of April, in the fourth Year of our Reign of England,
France, and Ireland, and of Scotland the nine and thir-
tieth.

LUKIN
Per breve de privato Sigillo.

14 DOCUMENTS ILLUSTRATIVE

SECOND VIRGINIA CHARTER— 1609.

In the hope of improving the wretched state of
affairs the Virginia Company, in 1609, obtained a
more specific charter, extending their authority and
transferring to the company powers previously re-
served to the king. The government now vested
in " The Treasurer and Company of Adventurers
and Planters of the City of London, for the first
Colony in Virginia." The company left no means
untried, and the general interest in the adventure
is shown by the long list of patentees, numbering
over 650 names, together with 59 of the London
companies. The social standing of the patentees
ranged from the great lords of the realm to the
fishmongers. The Lord Mayor is said to have
urged upon the great livery companies the neces-
sity of aiding the enterprise, and the indefatigable
Hakluyt published " Virginia Newly Valued," to
excite interest in the undertaking. The charter
was sealed May 23, 1609.

Only the more important provisions of this
charter are here inserted.

THE SECOND CHARTER OF VIRGINIA— 1609.

JAMES, by the Grace of Gocl, King of Engla?id, Scot-
land, France, and Ireland, Defender of the Faith, &c. To
all, to whom these Presents shall come, Greeting.
WHEREAS, at the humble Suit and Request of sundry

OF AMERICAN HISTORY.

15

our loving and well-disposed Subjects, intending to de-
duce a Colony, and to make Habitation and Plantation
of sundry our People in that Part of America commonly
called VIRGINIA, and other Parts and Territories in
America, either appertaining unto Us, or which are not
actually possessed of any Christian Prince or People,
within certain Bounds and Regions, We have formerly,
by our Letters patents, bearing Date the tenth Day of
April, in the fourth Year of our Reign of England,
France, and Ireland, and of Scotland the nine and thirti-
eth, Granted to Sir Thomas Gates, Sir George Somers,
and others, for the more speedy Accomplishment of the
said Plantation and Habitation, that they should divide
themselves into two Colonies (the one consisting of divers
Knights, Gentlemen, Merchants, and others, of our City
of London, called the FIRST Colony; And the other
consisting of divers Knights, Gentlemen, and others, of
our Cities of Bristol, Exeter, and Town of Plimouth, and
other Places, called the SECOND COLONY). And have
yielded and granted many and sundry Privileges and
Liberties to each Colony, for their quiet settling and
good Government therein, as by the said Letters-patents
more at large appeareth.

Now, forasmuch as divers and sundry of our loving
Subjects, as well Adventurers, as Planters, of the said
first Colony, which have already engaged themselves in
furthering the Business of the said Colony and Planta-
tion, and do further intend, by the Assistance of Al-
mighty God, to prosecute the same to a happy End,
have of late been humble Suitors unto Us, that (in Re-
spect of their great Charges and the Adventure of many
of their Lives, which they have hazarded in the said
Discovery and Plantation of the said Country) We would
be pleased to grant them a further Enlargement and Ex-
planation of the said Grant, Privileges, and Liberties,
and that such Counsellors, and other Officers, may be
appointed amongst them, to manage and direct their

1 6 DOCUMENTS ILL USTRA TIVE

affairs, as are willing and ready to adventure with them,
as also whose Dwellings are not so far remote from the
City of London, but they may, at convenient Times, be
ready at Hand, to give their Advice and Assistance,
upon all Occasions requisite.

We greatly affecting the effectual Prosecution and
happy success of the said Plantation, and commend-
ing their good desires therein, for their further Encour-
agement in accomplishing so excellent a Work, much
pleasing to God, and profitable to our Kingdom, do of
our especial Grace, and certain Knowledge, and mere
Motion, for Us, our Heirs, and Successors, Give, Grant,
and CONFIRM, to our trusty and well-beloved Subjects,
Robert, Earl of Salisbury, (and others) .... and to
such and so many as they do, or shall hereafter admit to
be joined with them, in the form hereafter in these pres-
ents expressed, whether they go in their Persons to be
Planters there in the said Plantation, or whether they go
not, but adventure their monies, goods, or Chatties, that
they shall be one Body or Commonalty perpetual, and
shall have perpetual Succession and one common Seal to
serve for the said Body or Commonalty, and that they
and their Successors shall be known, called, and incor-
porated by the Name of The Treasurer and Company of
Adventurers and Planters of the City of London, for the
first Colony in Virginia. And that they and their Suc-
cessors shall be from henceforth forever enabled to take,
acquire, and purchase by the Name aforesaid (Licence for
the same from Us, our Heirs, and Successors, first had and
obtained) any Manner of Lands, Tenements, and Hered-
itaments, Goods and Chatties, within our Realm of Eng-
land, and Dominion of Wales. And that they, and their
Successors, shall likewise be enabled by the Name afore-
said, to plead and be impleaded, before any of our
Judges or Justices in any of our Courts, and in any Ac-
tions or Suits whatsoever. And we do also of our special
Grace, certain Knowledge, and mere Motion, give, grant

OF AMERICAN HISTORY.

17

and confirm, unto the said Treasurer and Company, and
their Successors, under the Reservations, Limitations,
and Declarations hereafter expressed, all those Lands,
Countries, and Territories, situate, lying, and being in
that Part of America, called Virginia, from the Point of
Land, called Cape or Point Comfort, all along the Sea
Coast to the Northward, two hundred miles, and from
the said Point of Cape Comfort, all along the Sea Coast
to the Southward, two hundred Miles, and all that Space
and Circuit of Land, lying from the Sea Coast of the
Precinct aforesaid, up into the Land throughout from
Sea to Sea, West and Northwest ; And also all the
Islands lying within one hundred Miles along the Coast
of both Seas of the Precinct aforesaid.

* # # * -If -X- * * * -Jfr

And forasmuch as the good and prosperous Success
of the said Plantation, cannot but chiefly depend next
under the Blessing of God, and the Support of our Royal
Authority, upon the provident and good Direction of the
whole Enterprise, by a careful and understanding Coun-
cil, and that it is not convenient, that all the Adventurers
shall be so often drawn to meet and assemble, as shall be
requisite for them to have Meetings and Conference about
the Affairs thereof ; Therefore we DO ORDAIN, establish
and confirm, that there shall be perpetually one COUNCIL
here resident, according to the Tenour of our former Let-
ters-Patents ; Which Council shall have a Seal for the
better Government and Administration of the said Plan-
tation, besides the legal Seal of the Company or Corpo-
ration, as in our former Letters-Patents is also expressed.

* * # # *- *• * * * *
And the said Thomas Smith, We DO ORDAIN to be

Treasurer of the said Company ; which Treasurer shall
have Authority to give Order for the Warning of the
Council, and summoning the Company to their Courts
and Meetings. And the said Council and Treasurer, or
any of them shall be from henceforth nominated, chosen,.

! § DOCUMENTS ILL USTRA TIVE

continued, displaced, changed, altered and supplied, as
Death, or other several Occasions shall require, out of
the Company of the said Adventurers, by the Voice of
the greater part of the said Company and Adventurers,
in their Assembly for that Purpose : Provided always,
That every Counsellor so newly elected, shall be pre-
sented to the Lord Chancellor of England, or to the
Lord High Treasurer of England, or to the Lord Cham-
berlain of the Household of Us, our Heirs and Succes-
sors for the Time being, to take his Oath of a Counsellor
to Us, our Heirs and Successors, for the said Company
of Adventurers and Colony in Virginia.

* * * # * * * # * *

And further, of our special Grace, certain Knowledge,
and mere Motion, for Us, our Heirs and Successors, we
do, by these Presents, Give and Grant full Power and
Authority to our said Council here resident, as well at
this present time, as hereafter from time to time, to nom-
inate, make, constitute, ordain and confirm, by such
Name or Names, Stile or Stiles, as to them shall seem
good, And likewise to revoke, discharge, change, and
alter, as well all and singular Governors, Officers, and
Ministers, which already have been made, as also which
hereafter shall be by them thought fit and needful to be
made or used for the Government of the said Colony and
Plantation: And also to make, ordain, and establish all
Manner of Orders, Laws, Directions, Instructions, Forms
and Ceremonies of Government and Magistracy, fit and
necessary for and concerning the Government of the
said Colony and Plantation ; And the same, at all Times
hereafter, to abrogate, revoke, or change, not only within
the Precincts of the said Colony, but also upon the Seas,
in going and coming to and from the said Colony, as they
in their good Discretion, shall think to be fittest for the
Good of the Adventurers and inhabitants there.

-X- ******** *

OF AMERICAN HIS TOR Y. l g

AND we do further by these presents ORDAIN and
establish, that the said Treasurer and Council here resi-
dent, and their successors or any four of them being
assembled (the Treasurer being one) shall from time to
time have full Power and Authority to admit and receive
any other Person into their Company, Corporation, and
Freedom ; And further in a General Assembly of Adven-
turers, with the consent of the greater part upon good
Cause, to disfranchise and put out any Person or Persons
out of the said Freedom or Company.

*********

AND forasmuch as it shall be necessary for all such our
loving Subject as shall inhabit within the said Precincts
of Virginia aforesaid, to determine to live together in the
Fear and true Worship of Almighty God, Christian Peace
and Civil Quietness each with other, whereby every one
may with more Safety, Pleasure and Profit enjoy that
whereunto they shall attain with great Pain and Peril ;
We for Us, our Heires, and Successors are likewise
pleased and contented, and by these Presents do GIVE
and GRANT unto the said Treasurer and Company, and
their Successors, and to such Governors, Officers, and
Ministers, as shall be by our said Council constituted and
appointed according to the Natures and Limits of their
Offices and Places respectively, that they shall and may
from Time to Time, for ever hereafter, within the said
Precincts of Virginia, or in the way by Sea thither and
from thence, have full and absolute Power and Authority
to correct, punish, pardon, govern, and rule all such the
Subjects of Us, our Heires, and Successors as shall from
Time to Time adventure themselves in any Voyage
thither, or that shall at any Time hereafter, inhabit in the
Precincts and Territories of the said Colony as aforesaid,
according to such Orders, Ordinances, Constitutions,
Directions, and Instructions, as by our said Council as
aforesaid, shall be established ; And in Defect thereof in
case of Necessity, according to the good Discretion of

20 DOCUMENTS ILLUSTRATIVE

the said Governor and Officers respectively, as well in
Cases capital and criminal, as civil, both Marine and
other ; So always as the said Statutes, Ordinances and
Proceedings as near as conveniently may be, be agreeable
to the Laws, Statutes, Government, and Policy of this our
Realm of England. And we do further of our special
Grace, certain Knowledge, and mere Motion, GRANT,
DECLARE, and ORDAIN, that such principal Governor, as
from Time to Time shall duly and lawfully be authorized
and appointed io Manner and Form in these Presents
heretofore expressed, shall have full Power and Authority,
to use and exercise Martial Law in Cases of Rebellion or
Mutiny, in as large and ample Manner as our Lieuten-
ants in our Counties within this our Realm of England
have or ought to have, by Force of their Commissions of
Lieutenancy.

And lastly, because the principal Effect which we can
desire or expect of this Action, is the Conversion and
Reduction of the People in those Parts unto the true
Worship of God and Christian Religion, in which Respect
we should be loath that any Person should be permitted
to pass that we suspected to affect the Superstitions of
the Church of Rome, we do hereby DECLARE, that it is
our Will and Pleasure that none be permitted to pass in
any Voyage from Time to Time to be made into the said
Country, but such as first shall have taken the Oath of
Supremacy ; For which Purpose, we do by these Presents
give full Power and Authority to the Treasurer for the
Time being, and any three of the Council, to tender and
exhibit the said Oath, to all such Persons as shall at any
Time be sent and employed in the said Voyage. AL-
THOUGH express Mention of true yearly Value or Cer-
tainty of the Premisses, or any of them, or of any other
Gifts or Grants by Us, or any of our Progenitors or Pre-
decessors to the aforesaid Treasurer and Company here-
tofore made in these Presents, is not made ; Or any Act,

OF AMERICAN HISTOR Y. 2 1

Statute, Ordinance, Provision, Proclamation, or Restraint,
to the contrary hereof had, made, ordained, or provided,
or any other Thing, Cause, or Matter whatsoever in any
wise notwithstanding. In WITNESS whereof, We have
caused these our Letters to be made Patent. Witness
ourself at Westminster, the 23d Day of May, in the sev-
enth Year of our Reign of England, France, and Ireland,
and of Scotla?id the ****

Per Ipsum REGEM.
LUKIN.

22 DOCUMENTS ILLUSTRATIVE

THIRD VIRGINIA CHARTER— 1612.

The desirability of the Bermudas was first
brought to the notice of the Company by Sir
Thomas Gates and his companions, who were there
shipwrecked on their way to Virginia in 1609, and
lived for nine months on the resources of the
islands. As the Company's patent limited their
possessions to islands within one hundred leagues
of the coast, they petitioned for a new charter ex-
tending their limits.

More important than the acquisition of Bermu-
da was the improvement in the government of the
Company providing for weekly meetings. The
Company sold its rights to the Bermudas to some
of its own members, who obtained a charter in 16 14.
The Third Virginia Charter was sealed March 12,
1612.

Of this charter, as of the second, the most essen-
tial articles only are given

THE THIRD CHARTER OF VIRGINIA— 161 1-12.

JAMES, by the Grace of God, King of England, Scot-
land, France, and Ireland, Defender or the Faith ; To all
to whom these Presents shall come, Greeting. WHERE-
AS at the humble Suit of divers and sundry our loving
Subjects, as well Adventurers as Planters of the first
Colony in Virginia, and for the Propagation of Christian
Religion, and Reclaiming of People barbarous, to Civility
and Humanity, We have, by our Letters-Patents, bearing

OF A ME RICA N HIS TOR Y. 2 3

Date at Westminster, the three-and-twentieth Day of May,
in the seventh Year of our Reign of England, France, and
Ireland, and the two-and-fortieth of Scotland, GIVEN and
GRANTED unto them that they and all such and so many
of our loving Subjects as should from time to time, for
ever after, be joined with them as Planters or Adven-
turers in the said Plantation, and their Successors, for
ever, should be one Body politick, incorporated by the
Name of The Treasurer and Company of Adventurers and
Planters of the City of London for the first Colony in Vir-
ginia ; And whereas also for the greater Good and Bene-
fit of the said Company, and for the better Furtherance,
Strengthening, and Establishing of the said Plantation,
we did further GIVE, GRANT and CONFIRM, by our Let-
ters-patents unto the said Company and their Successors,
for ever, all those Lands, Countries or Territories, situate,
lying and being in that Part of America called Virginia,
from the Point of Land called Cape or Point Comfort all
along the Sea Coasts to the Northward two hundred
Miles ; and from the said Point of Cape Comfort all along
the Sea Coast to the Southward two hundred Miles ; and
all that Space and Circuit of Land lying from the Sea
Coast of the Precinct aforesaid, up into the Land through-
out from Sea to Sea West and North-West ; and also all
the Islands lying within one hundred Miles along the
Coast of both the Seas of the Precinct aforesaid ; with
divers other Grants, Liberties, Franchises and Prehemi-
nences, Privileges, Profits, Benefits, and Commodities
granted in and by our said Letters-patents to the said
Treasurer and Company and their Successors for ever.
Now forasmuch as we are given to understand, that in
those Seas adjoining to the said Coasts of Virginia, and
without the Compass of those two hundred Miles by Us
so granted unto the said Treasurer and Company as
aforesaid, and yet not far distant from the said Colony in
Virginia, there are or may be divers Islands lying deso-
late and uninhabited, some of which are already made

24 DOCUMENTS ILLUSTRA Tl ! 'E

known and discovered by the Industry, Travel, and Ex-
pences of the said Company, and others also are supposed
to be and remain as yet unknown and undiscovered, all
and every of which it may import the said Colony both
in Safety and Policy of Trade to populate and plant; in
Regard whereof, as well for the preventing of Peril, as
for the better Commodity of the said Colony, they have
been humble suitors unto Us, that We would be pleased
to grant unto them an Enlargement of our said former
Letters-patents, as well for z. more ample Extent of their
Limits and Territories into the Seas adjoining to and
upon the Coast of Virginia, as also for some other Mat-
ters and Articles concerning the better government of
the said Company and Colony, in which Point our said
former Letters-Patents do not extend so far as Time and
Experience hath found to be needful and convenient :
We therefore tendering the good and happy Success of
the said Plantation, both in Regard of the General Weal
of human Society, as in Respect of the Good of our own
Estate and Kingdoms, and being willing to give Further-
ance unto all good Means that may advance the Benefit
of the said Company, and which may secure the Safety
of our loving Subjects planted in our said Colony, under
the Favour and Protection of God Almighty, and of our
Royal Power and Authority, have therefore of our especial
Grace, certain Knowledge, and mere Motion, given,
granted, and confirmed, and for Us, our Heirs and Suc-
cessors, we do by these Presents give, grant, and confirm
to the said Treasurer and Company of Adventurers and
Planters of the city of London for the first Colony in Vir-
ginia, and to their Heirs*and Successors for ever, all and
singular those Islands whatsoever situate and being in
any Part of the Ocean Seas bordering upon the Coast of
our said first Colony in Virginia, and being within three
Hundred Leagues of any of the Parts heretofore granted
to the said Treasurer and Company in our said former
Letters-Patents as aforesaid, and being within or between

OF AMERICAN HIS TOR V. 2$

the one-and-fortieth and thirtieth Degrees of Northerly
Latitude.

**********

And we do hereby ordain and grant by these Presents,
that the said Treasurer and Company of Adventurers
and Planters aforesaid, shall and may, once every week,
or oftener, at their Pleasure, hold, and keep a Court and
Assembly for the better Order and Government of the
said Plantation, and such Things as shall concern the
same ; And that any five Persons of our Council for the
said first Colony in Virginia, for the Time being, of
which Company the Treasurer, or his Deputy, to be
always one, and the Number of fifteen others, at the
least, of the Generality of the said Company, assembled
together in such Manner, as is and hath been heretofore
used and accustomed, shall be said, taken, held, and
reputed to be, and shall be a sufficient Court of the said
Company, for the handling and ordering, and dispatch-
ing of all such casual and particular Occurrences, and
accidental Matters, of less Consequence and Weight, as
shall from Time to Time happen, touching and concern-
ing the said Plantation : And that nevertheless, for the
handling, ordering, and disposing of Matters and Affairs
of greater Weight and Importance, and such as shall or
may, in any Sort, concern the Weal Publick and general
Good of the said Company and Plantation, as namely,
the Manner of Government from Time to Time to be
used, the ordering and Disposing of the Lands and Pos-
sessions, and the settling and establishing of a Trade
there, or such like, there shall be held and kept every
Year, upon the last Wednesday, save one, of Hillary
Term, Easter, Trinity, and Michaelmas Terms, for ever,
one great, general, and solemn Assembly, which four
Assemblies shall be stiled and called, The four Great
and General Courts of the Council and Company of
Adventurers for Virginia ; In all and every of which said
Great and General Courts, so assembled, our Will and

26 DOCUMEN TS ILL USTRA TIVE

Pleasure is, and we do, for Us, our Heirs and Successors,,
for ever, Give and Grant to the said Treasurer and Com-
pany, and their Successors for ever, by these Presents,
that they, the said Treasurer and Company, or the
greater Number of them, so assembled, shall and may
have full Power and Authority, from Time to Time,
and at all times hereafter, to elect and chuse discreet
Persons, to be of our said Council for the said first Col-
ony in Virginia, and to nominate and appoint such offi-
cers as they shall think fit and requisite, for the Govern-
ment, managing, ordering, and dispatching of the Affairs
of the said Company ; And shall likewise have full
Power and Authority, to ordain and make such Laws-
and Ordinances, for the Good and Welfare of the said
Plantation, as to them from Time to Time, shall be
thought requisite and meet : So always, as the same be
not contrary to the Laws and Statutes of this our Realm
of England.

********
And for the more effectual Advancing of the said
Plantation, We do further, for Us, our Heirs, and Suc-
cessors, of our especial Grace and favour, by Virtue of our
Prerogative Royal, and by the Assent and Consent of
the Lords and others of our Privy Council, Give and
GRANT, unto the said Treasurer and Company, full
Power and Authority, free Leave, Liberty, and Licence,
to set forth, erect, and publish, one or more Lottery or
Lotteries, to have Continuance, and to endure and be
held, for the Space of our whole Year, next after the
opening of the same ; And after the End and Expiration
of the said Term, the said Lottery or Lotteries to con-
tinue and be further kept, during our Will and Pleasure
only, and not otherwise. And yet nevertheless, we are
contented and pleased, for the Good and Welfare of the
said Plantation, that the said Treasurer and Company
shall, for the Dispatch and Finishing of the said Lottery
or Lotteries, have six Months Warning after the said

OF A MERICAN HIS TOR V. 2y

Year ended, before our Will and Pleasure shall, for and
on that Behalf, be construed, deemed, and adjudged, to
be in any wise altered and determined. And our further
Will and Pleasure is, that the said Lottery and Lotteries
shall and may be opened and held, within our City of
London, or in any other City or Town, or elsewhere,
within this our Realm of England, with such Prizes, Arti-
cles, Conditions, and Limitations, as to them, the said
Treasurer and Company, in their Discretions, shall seem
convenient : And it shall and may be lawful, to and for
the said Treasurer and Company, to elect and choose
Receivers, Surveyors, Auditors, Commissioners, or any
other Officers whatsoever, at their Will and Pleasure, for
the better marshalling, disposing, guiding, and govern-
ing, of the said Lottery and Lotteries ; And that it shall
likewise be lawful, to and for the said Treasurer and any
two of the said Council, to minister to all and every such
Person, so elected and chosen for Officers, as aforesaid,
one or more Oaths, for their good Behaviour, just and
true Dealing, in and about the said Lottery or Lotteries,
to the Intent and Purpose, that none of our loving Sub-
jects, putting in their Names, or otherwise adventuring
in the said general Lottery or Lotteries, may be, in any
wise, defrauded and deceived of their said Monies, or
evil and indirectly dealt withal in their said Adventures.
And we further GRANT, in Manner and Form aforesaid,
that it shall and may be lawful, to and for the said
Treasurer and Company, under the Seal of our said
Council for the Plantation, to publish, or to cause and
procure to be published by Proclamation, or otherwise
(the said Proclamation to be made in their Name, by
Virtue of these Presents) the said Lottery or Lotteries,
in all Cities, Towns, Burroughs, and other Places,

within our said Realm of England; And we Will and
Command all Mayors, Justices of the Peace, Sheriffs,
Bailiffs, Constables, and other Officers and loving Sub-
jects, whatsoever, that in no wise, they hinder or delay

28 DOCUMENTS ILLUSTRATIVE

the Progress and Proceedings of the said Lottery or Lot-
teries, but be therein, touching the Premises, aiding and
assisting, by all honest, good, and lawful Means and
Endeavours. And further, our Will and Pleasure is, that
in all Questions and Doubts, that shall arise, upon any
Difficulty of Construction or Interpretation of any Thing,
contained in these, or any other our former Letters-pat-
ents, the same shall be taken and interpreted, in most
ample and beneficial Manner for the said Treasurer and
Company, and their Successors, and every Member
thereof. And lastly, we do, by these Presents, RATIFY
AND CONFIRM unto the said Treasurer and Company, and
their Successors, for ever, all and all Manner of Privi-
leges, Franchises, Liberties, Immunities, Preheminences,
Profits, and Commodities, whatsoever, granted unto them
in any our former Letters-patents, and not in these
Presents revoked, altered, changed, or abridged. AL-
THOUGH express Mention of the true Yearly Value or
Certainty of the Premises, or any of them, or of any
other Gift or Grant, by Us or any our Progenitors or
Predecessors, to the aforesaid Treasurer and Company
heretofore made in these Presents is not made ; Or any
Statute, Act, Ordinance, Provision, Proclamation, or
Restraint, to the contrary thereof heretofore made,
ordained, or provided, or any other Matter, Cause, or
Thing, whatsoever, to the contrary, in any wise, notwith-
standing.

In Witness whereof we have caused these our Letters
to be made Patents. Witness Ourself, at Westminster,
the twelfth Day of March, in the ninth Year of our
Reign of England, France, and Ireland, and of Scotland
the five and fortieth.

OF AMERICAN HISTORY. 2Q

MAYFLOWER COMPACT— 1620.

The need of this compact is thus set forth by
one of the Pilgrims : " Some of the strangers
among them had let fall from them in the ship
that when they came ashore they would use their
own liberty, for none had power to command
them, the patent they had being for Virginia and
not for New England, which belonged to another
government, with which the Virginia Company had
nothing to do." Bancroft lauds it in the highest
terms : " Here was the birth of popular constitu-
tional liberty. The middle ages had been familiar
with charters and constitutions ; but they had been
merely compacts for immunities, partial enfran-
chisements, patents of nobility, concessions of mu-
nicipal privileges, or limitations of the sovereign
power in favor of feudal institutions. In the
cabin of the Mayflower humanity recovered its
rights, and instituted government on the basis of
' equal laws,' enacted by all the people for the
'general good.' " (For a different estimate, see
Scott 's Development of Constitutional Liberty, p.
84, and Crane and Moses' Politics, p. 103.)

John Ouincy Adams regarded it as " perhaps
the only instance in human history of the positive
original social compact, which speculative phi-
losophers have imagined as the only legitimate
source of orovernment." Somewhat similar com-

-o DOCUMENTS ILLUSTRATIVE

pacts were drawn up by the settlers of Portsmouth,
R. I., 1638, and Newport, 1639, and Exeter, N. H.,
1639.

Plymouth obtained a patent for their lands from
the New England Company, and though never suc-
cessful in their numerous applications for a royal
charter maintained an independent existence until
its incorporation with Massachusetts in 1691.

Consult Bancroft 's Hist. U. S., 1st ed. L, 309 ;
Cen. ed. I., 143 ; lasted. I., 206 ; Hildreth 's Hist. U.
S.y I., 158; Palfrey's Hist. New England, I., 165;
Bryaizt and Gay's U. S., I., 388 ; Barry's Hist.
Mass., First Period, 83 ; Webster's Plymouth Ora-
tion, see Works ; Frothingham 's Rise of the Repub-
lic of the U. S.,\$ ; Doyle's English Colonies, 158.

THE MAYFLOWER COMPACT.

In the name of God, Amen ; We, whose names are
underwritten, the loyall subjects of our dread soveraigne
King James, by the grace of God, of Great Britaine,
France, and Ireland King, defender of the faith, etc.,
haveing undertaken, for the glorie of God, and advance-
mente of the Christian faith and honor of our king and
countrie, a voyage to plant the first colonie in the North-
erne parts of Virginia, doe, by these presents, solemnly
and mutually, in the presence of God, and one of another,
covenant and combine ourselves together into a civill
body politick, for our better ordering and preservation
and furtherance of the ends aforesaid ; and, by vertue
hearcof, to enacte, constitute, and frame, such just and
equall laws, ordenances, acts, constitutions and offices,
from time to time, as shall be thought most meete and
convenient for the generall good of the Colonie. Unto
which we promise all due submission and obedience. In

OF AMERICAN HISTORY.

31

witnes whereof we have hereunder subscribed our names,
at Cap Codd, the nth of November, in the year of the
raigne of our sovereigne lord, King James, of England,
France, and Ireland the eighteenth, and of Scotland the
fifty-fourth, Anno Domini, 1620.

DOCUMENTS ILLUSTRATIVE

ORDINANCE FOR VIRGINIA— 1621.

Sir George Yeardley, appointed by the Virginia
Company Governor of Virginia in 161 8, received
instructions from the treasurer of the Company
"that the planters might have a hand in the gov-
erning of themselves." Yeardley, accordingly,
summoned the council of state and two burgesses
to meet at Jamestown, July 30, 161 9. Two years
later the Virginia Company passed the following
ordinance, giving to the colony the guarantee of a
written constitution. The Tory historian, Chal-
mers, characterizes this ordinance " as no less re-
markable for the wisdom of its provisions than for
being the principal step in the progress of free-
dom."

The proceedings of the first assembly are printed
in N. Y. Hist. Soc. Coll., 2d series, vol. III., p. 331*
from a copy found in the Record Office in Eng-
land.

Consult also Bancroft's Hist. U. S., 1st ed. vol.
I., p. 153; Centenary ed. I., 119; last ed. I., no;
Hildreth 's U. S., I., 21 1 ; Bryant and Gay 's U. S.,
I., 306 ; Heirs Va. Co., 139; Chalmers' Political
Annals, 43.

OF AMERICAN HISTOR Y.

AN ORDINANCE AND CONSTITUTION OF THE
TREASURER, COUNCIL, AND COMPANY IN
ENGLAND FOR A COUNCIL OF STATE AND
GENERAL ASSEMBLY. DATED JULY 21,
1621.

To all People, to whom these Presents shall come, be
seen, or heard, The Treasurer, Council, and Company of
Adventurers and Planters for the city of London for the
first Colony of Virginia, send Greeting. Know ye, that
we, the said Treasurer, Council, and Company, taking
into our careful Consideration the present State of the
said Colony of Virginia, and intending, by the Divine
Assistance, to settle a Form of Government there, as
may be to the greatest Benefit and Comfort of the Peo-
ple, and whereby all Injustice, Grievances, and Oppres-
sion may be prevented and kept off as much as possible
from the said Colony, have thought fit to make our En-
trance by ordering and establishing such Supreme Coun-
cils, as may not only be assisting to the Governor for the
Time being, in the Administration of Justice, and the
executing of other Duties to this Office belonging; but
also by their vigilant Care and Prudence, may provide, as
well for a Remedy of all Inconveniences, growing from
time to time, as also for the advancing of Increase,
Strength, Stability and Prosperity of the said Colony :

We therefore, the said Treasurer, Council, and Com-
pany, by Authority directed to us from his Majesty under
the Great Seal, upon mature Deliberation, Do hereby
order and declare, that, from henceforward, there shall
be Two Supreme Councils in Virginia, for the better
government of the Colony aforesaid.

One of which Councils to be called the Council of
State (and whose office shall chiefly be assisting, with
their Care, Advice, and Circumspection, to the said
Governor) shall be chosen, nominated, placed, and dis-

34

DOCUMENTS ILLUSTRA TIVE

placed, from time to time, by us, the safd Treasurer,
Council, and Company, and our Successors : Which
Council of State shall consist for the present, only of
these persons, as are here inserted, viz., Sir Francis
Wyat, Governor of Virginia, Captain Francis West, Sir
George Yeardley, Knight, Sir William Neuce, Knight,
Marshal of Virginia, Mr. George Sandys, Treasurer, Mr.
George Thorpe, Deputy of the College, Captain Thomas
Neuce, Deputy for the Company, Mr. Pawlet, Mr. Leech,
Captain Nathaniel Powell, Mr. Christopher Davidson,
Secretary, Dr. Pots, Physician to the Company, Mr.
Roger Smith, Mr. John Berkeley, Mr. John Rolfe, Mr.
Ralph Hamer, Mr. John Pountis, Mr. Michael Lapworth,
Mr. Harwood, Mr. Samuel Macock: Which said Coun-
sellors and Council we earnestly pray and desire, and in
his Majesty's Name strictly charge and command, that
all Factions, Partialities, and sinister respect laid aside,
they bend their Care and Endeavours to assist the said
Governor ; first and principally, in the Advancement of
the Honour and Service of God, and the Enlargement of
his Kingdom amongst the Heathen People ; and next, in
erecting of the said Colony in due obedience to his
Majesty, and all lawful Authority from his Majesty's
Directions ; and lastly, in maintaining the said People in
Justice and Christian Conversation amongst themselves,
and in Strength and Ability to withstand their Enemies.
And this Council, to be always, or for the most Part,
residing about or near the Governor.

The other, more generally to be called by the Gov-
ernor, once Yearly, and no oftener, but for very extraor-
dinary and important Occasions, shall consist, for the
present, of the said Council of State, and of two Bur-
gesses out of every Town, Hundred, or other particular
Plantation, to be respectively chosen by the Inhabitants:
Which Council shall be called the General Assembly,
wherein (as also in the said Council of State) all Matters
shall be decided, determined, and ordered, by the greater

OF AMERICAN HISTORY.

35

Part of the Voices then present; reserving to the Gov-
ernor always a Negative Voice. And this General As-
sembly shall have free Power to treat, consult and con-
clude, as well of all emergent Occasions concerning the
Public Weal of the said Colony and every Part thereof,
as also to make, ordain, and enact such general Laws
and Orders, for the Behoof of the said Colony, and
the good Government thereof, as shall from time to
time appear necessary or requisite :

Whereas in all other Things, we require the said Gen-
eral Assembly, as also the said Council of State, to imi-
tate and follow the Policy of the Form of Government,
Laws, Customs, and Manner of Trial and other Admin-
istration of Justice, used in the Realm of England, as
near as may be, even as ourselves, by his Majesty's Let-
ters-patent, are required :

Provided, that no Law or Ordinance, made in the said
General Assembly, shall be or continue in Force or Va-
lidity, unless the same shall be solemnly ratified and
confirmed, in a General Quarter Court of the said Com-
pany here in England, and so ratified, be returned to
them under our Seal : It being our Intent to afford the
like Measure also unto the said Colony that after the
Government of the said Colony shall once have been
well framed and settled accordingly, which is to be done
by Us, as by Authority derived from his Majesty, and
the same shall have been so by Us declared, no Orders
of Court afterwards shall bind the said Colony, unless
they be ratified in like Manner in the General Assem-
blies.

In Witness whereof we have hereunto set our Com-
mon Seal, the 24th of July, 162 1, and in the Year of
the Reign of our Sovereign Lord, James, King of Eng-
land, etc., the .... and of Scotland the ....

36

DOCUMENTS ILLUSTJiA TIVE

MASSACHUSETTS BAY CHARTER— 1629.

The interest awakened by the little colony
planted at Cape Ann in 1625 by Rev. John
White, of Dorchester, England, led to the forma-
tion of the company known as " The Governor
and Company of the Massachusetts Bay in New
England." They first obtained a patent for lands
from the Council for New England (Mar. 14,
1628) and then, in order to exercise power of gov-
ernment, a charter from the king Mar. 4, 1629.
The same year they transferred the government
and charter to New England. As to the legality
of this step historians and jurists have been di-
vided. From the first there was a constant strug-
gle on the part of the colonists to preserve the
charter and to resist any infringement of it. The
contest ended in the forfeiture of the charter in
1684, and the consolidation of the northern colo-
nies under Sir Edmund Andros.

After the accession of William and Mary, Mas-
sachusetts solicited the restoration of the charter,
but instead, in 1 691, through the agency of In-
crease Mather, a new charter was issued. But
the old liberty was lost, for the king reserved to
himself the appointment of the governor, lieuten-
ant-governor, and secretary. This, together with
the supplementary charter of 1726, remained the
fundamental law of Massachusetts till the State
constitution of 1780, which is still in force.

OF AMERICAN IIISTOR Y. 37

Consult Palfrey's Hist. N. E., I., 290; Win-
sor's Memorial Hist. Boston, I., 87 ; Barry's Hist.
Mass., First Period, 158 ; Bancroft's U. S., 1st ed.
I., 242 ; Cen. ed. I., 265 ; lasted. I., 224; Bryant
and Gay's U. S., h, 518; Chalmers' Political An-
nals, 135.

THE CHARTER OF MASSACHUSETTS BAY-

1629.

CHARLES, BY THE GRACE OF GOD, Kinge of
England, Scotland, Fraunce, and Ireland, Defcndor of
the Fayth, etc. To ALL to whome theis Presents shall
come Greeting. WHEREAS, our most Deare and Royall
Father, Kinge James, of blessed Memory, by his High-
nes Letters-patents bearing Date at Westminster the
third Day of November, in the eighteenth Yeare of his
Raigne, HATH given and graunted vnto the Councell
established at Plymouth, in the County of Devon, for
the planting, ruling, ordering, and governing of Newe
England in America, and to their Successors and As-
signes for ever, all that Parte of America, lyeing and be-
ing in Bredth, from Forty Degrees of Northerly Latitude
from the Equinoctiall Lyne, to forty eight Degrees of
the saide Northerly Latitude inclusively, and in Length,
of and within all the Breadth aforesaid, throughout the
Maine Landesfrom Sea to Sea , together also with all the
Firme Landes, Soyles, Groundes, Havens, Portes, Rivers,
Waters, Fishing, Mynes, and Myneralls, as well Royall
Mynes of Gould and Silver, as other Mynes and Miner-
alls, precious Stones, Quarries, and all and singular other
Comodities, Jurisdiccons, Royalties, Priviledges, Fran-
chesies, and Prehemynences, both within the said Tract
of Land vpon the Mayne, and also within the Islandes
and Seas adjoining: Provided alwayes, That the saide
Islandes, or any the Premisses by the said Letters-pat-

38

DOCUMENTS ILLUSTRATIVE

ents intended and meant to be graunted, were not then
actuallie possessed or inhabited, by any other Christian
Prince or State, nor within the Boundes, Lymitts, or
Territories of the Southerne Colony, then before graunted
by our saide Deare Father, to be planted by divers of
his loveing Subjects in the South Partes. To HAVE and
to houlde, possess, and enjoy all and singular the afore-
said Continent, Landes, Territories, Islandes, Heredita-
ments, and Precincts, Seas, Waters, Fishings, with all,
and all Manner their Comodities, Royalties, Liberties,
Prehemynences, and Proffitts that should from thence-
forth arise from thence, with all and singuler their Ap-
purtenances, and every Parte and Parcell thereof, vnto
the saide Councell and their Successors and Assignes for
ever, to the sole and proper Vse, Benefitt, and Behoofe
of them the saide Councell, and their Successors and
Assignes for ever: To be houlden of our saide most
Deare and Royall Father, his Heires and Successors,
as of his Mannor of East Greenewich in the County of
Kent, in free and comon Soccage, and not in Capite nor
by Knight's Service : YEILDINGE and paying therefore
to the saide late Kinge, his Heires and Successors, the
fifte Parte of the Oare of Gould and Silver, which should
from tyme to tyme, and at all Tymes then after happen
to be found, gotten, had, and obteyned in, att, or within
any of the saide Landes, Lymitts, Territories, and Pre-
cincts, or in or within any Parte or Parcell thereof, for
or in Respect of all and all Manner of Duties, Demaunds
and Services whatsoever, to be don, made, or paide to
our saide Dear Father the late Kinge his Heires and
Successors, as in and by the saide Letters-patents
(amongst sundrie other Clauses, Powers, Priviledges, and
Grauntes therein conteyned, more at large appeareth :
AND whereas, the saide Councell established at Ply-
mouth, in the County of Devon, for the plantinge, ruling,
ordering, and governing of Newe England in America,
have by their Decde, indented vnder their Comon Sealer

OF AMERICAN HISTORY.

39

bearing Date the nyneteenth Day of March last past, in
the third Yeare of our Raigne, given, graunted, bar-
gained, soulde, enfeoffed, aliened, and confirmed to Sir
Henry Rosewell, Sir John Young, Knightes, Thomas
Southcott, John Humphrey, John Endecott, and Symon
Whetcombe, their Heires and Assignes, and their Asso-
ciats for ever, all that Parte of Newe England in America
aforesaid, which lyes and extendes betweene a greate
River there comonlie called Monomack alias Merriemack,
and a certen other River there, called Charles River,
being in the Bottome of a certayne Bay there, comonlie
called Massachusetts, alias Mattachusetts, alias Massa-
tusetts Bay, and also all and singuler those Landes and
Hereditaments whatsoever, lyeing within the Space of
three English Myles on the South Parte of the said
Charles River, or of any, or everie Parte thereof ; and
also, 'all and singuler the Landes and Hereditaments
whatsoever, lyeing and being within the Space of three
English Myles to the Southwarde of the Southermost
Parte of the saide Bay called Massachusetts, alias Matta-
chusetts, alias Massatusets Bay ; and also, all those
Landes and Hereditaments whatsoever, which lye, and
be within the space of three English Myles to the
Northward of the said River Monomack, alias Merry-
mack, or to the Northward of any and every Parte
thereof, and all Landes and Hereditaments whatsoever,
lyeing within the Lymitts aforesaide, North and South
in Latitude and bredth, and in Length and Longitude,
of and within all the Bredth aforesaide, throughout the
Mayne Landes there, from the Atlantick and Westerne
Sea and Ocean on the East Parte, to the South Sea on
the West Parte ; and all Landes and Groundes, Place
and Places, Soyles, Woodes and Wood Groundes,
Havens, Portes, Rivers, Waters, Fishings, and Heredit-
aments whatsoever, lyeing within the saide Boundes
and Lymytts, and everie Parte and Parcell thereof ; and
also, all Islandes lyeing in America aforesaide, in the

40

DOCUMENTS ILLUSTRATIVE

saide Seas or either of them on the Westerne or East-
ern Coastes or Partes of the said Tractes of Lande, by
the saide Indenture mencbed to be given, graunted,
bargained, sould, enfeoffed, aliened, and confirmed, or
any of them ; and also, all Mynes and Myneralls, as well
Royall Mynes of Gould and Silver, as other Mynes
and Myneralls whatsoeuer, in the saide Lands and
Premisses, or any Parte thereof; and all Jurisdiccons,
Rights, Royalties, Liberties, Freedomes, Ymmunities,
Priviledges, Franchises, Preheminences, and Cofhodities
whatsoever, which they, the said Councell established at
Plymouth, in the County of Devon, for the planting, rul-
ing, ordering, and governing of Newe England in Amer-
ica, then had, or might vse, exercise, or enjoy, in or within
the saide Landes and Premisses by the saide Indenture
mencbed to be given, graunted, bargained, sould, en-
feoffed, and confirmed, or in, or within any Parte or Parcell
thereof : To HAVE and to hould, the saide Parte of Newe
England in America, which lyes and extendes and is abut-
ted as aforesaide, and every Parte and Parcell thereof ;
and all the saide Islandes, Rivers, Portes, Havens,
Waters, Fishings, Mynes, and Myneralls, Jurisdiccons,
Franchises, Royalties, Liberties, Priviledges, Comodities,
Hereditaments, and Premisses whatsoever, with the Ap-
purtenances vnto the saide Sir Henry Rosewell, Sir
John Younge, Thomas Southcott, John Humfrey, John
Endecott, and Simon Whetcombe, their Heires and
Assignes, and their Associatts, to the onlie proper and
absolute vse and Behoofe of the said Sir Henry Rose-
well, Sir John Younge, Thomas Southcott, John Hum-
frey, John Endecott, and Simon Whettcombe, their
Heires and Assignes, and their Associatts forevermore ;
To BE HOULDEN of Vs, our Heires and Successors, as of
our Mannor of Eastgreenwich, in the County of Kent,
in free and comon Soccage, and not in Capite, nor by
Knightes Service ; Yeilding and payeing therefore
vnto Vs, our Heires and Successors, the fifte Part of the

OF AMERICAN HISTOR Y. * r

Oare of Goulde and Silver, which from Tyme to Tyme,
and at all Tymes hereafter, happen to be founde, got-
ten, had, and obteyned in any of the saide Landes,
within the saide Lymitts, or in or within any Parte
thereof, for, and in Satisfaccon of all manner Duties,
Demaundes, and Services whatsoever to be donn,
made, or paid to Vs, our Heires or Successors, as in
and by the said recited Indenture more at large maie
appeare. Nowe Knowe Yee, that Wee, at the hum-
ble Suite and Peticon of the saide Sir Henry Rose-
well, Sir John Younge, Thomas Southcott, John Hum-
frey, John Endecott, and Simon Whetcombe, and of
others whome they have associated vnto them, Have,
for divers good Causes and consideracons, vs move-
ing, graunted and confirmed, and by theis Presents
of our especiall Grace, certen Knowledge, and mere
Mocon, doe graunt and confirme vnto the saide Sir
Henry Rosewell, Sir John Younge, Thomas Southcott,
John H-umfrey, John Endecott, and Simon Whet-
combe, and to their Associatts hereafter named ; (vide-
licet) Sir Richard Saltonstall, Knight, Isaack Johnson,
Samuel Aldersey, John Ven, Mathew Cradock, George
Harwood, Increase Nowell, Richard Perry, Richard
Bellingham, Nathaniell Wright, Samuel Vassall, The-
ophilus Eaton, Thomas Goffe, Thomas Adams, John
Browne, Samuell Browne, Thomas Hutchins, William
Vassall, William Pinchion, and George Foxcrofte, their
Heires and Assignes, all the saide Parte of Newe Eng-
land in America, lyeing and extending betweene the
Boundes and Lymytts in the said recited Indenture ex-
pressed, and all Landes and Groundes, Place and
Places, Soyles, Woods and Wood Groundes, Havens,
Portes, Rivers, Waters, Mynes, Mineralls, Jurisdiccons,
Rightes, Royalties, Liberties, Freedomes, Immunities,
Priviledges, Franchises, Preheminences, Hereditaments,
and Comodities whatsoever, to them the saide Sir
Henry Rosewell, Sir John Younge, Thomas Southcott,

42

DOCUMENTS ILLUSTRATIVE

John Humfrey, John Endecott, and Simon Whetcombe,
theire Heires and Assignes, and to their Associatts,
by the saide recited Indenture, given, graunted, bar-
gayned, solde, enfeoffed, aliened, and confirmed, or
mencoed, or intended thereby to be given, graunted,
bargayned, sold, enfeoffed, aliened, and confirmed: To
HAVE, and to hould, the saide Parte of Newe England
in America, and other the Premisses hereby mencoed to
be graunted and confirmed, and every Parte and Parcell
thereof with the Appurtennces, to the saide Sir Henry
Rosewell, Sir John Younge, Sir Richard Saltonstall,
Thomas Southcott, John Humfrey, John Endecott, Simon
Whetcombe, Isaack Johnson, Richard Pery, Richard Bel-
lingham, Nathaniell Wright, Samuell Vassall, Theophilus
Eaton, Thomas Goffe, Thomas Adams, John Browne, Sam-
uel Browne, Thomas Hutchins, Samuel Aldersey, John
Ven, Mathewe Cradock, George Harwood, Increase
Nowell, William Vassall, William Pinchion, and George
Foxcrofte, their Heires and Assignes forever, to their onlie
proper and absolute Vse and Behoofe for evermore ; To be
holden of Vs, our Heires and Successors, as of our Mannor
of Eastgreenewich aforesaid, in free and cofnon Socage,
and not in Capite, nor by Knights Service; And ALSO
yeilding and paying therefore to Vs, our Heires and
Successors, the fifte parte onlie of all Oare of Gould and
Silver, which from tyme to tyme, and att all tymes here-
after shalbe there gotten, had, or obteyned, for all Ser-
vices, Exaccons and Demaundes whatsoever, according
to the Tenure and Reservacon in the said recited Inden-
ture expressed. And FURTHER, knowe yee, that of our
more especiall Grace, certen Knowledg, and meere
mocon, Wee have given and graunted, and by theis
Presents, doe for Vs, our Heires and Successors, give
and graunte vnto the saide Sir Henry Rosewell, Sir John
Younge, Sir Richard Saltonstall, Thomas Southcott,
John Humfrey, John Endecott, Symon Whetcombe,
Isaack Johnson, Samuell Aldersey, John Ven, Mathewe

OF AMERICAN HISTORY.

43

Cradock, George Harwood, Increase Nowell, Richard
Pery, Richard Bellingham, Nathaniel Wright, Samuell
Vassall, Theophilus Eaton, Thomas Goffe, Thomas
Adams, John Browne, Samuell Browne, Thomas Hutch-
ins, William Vassall, William Pinchion, George Fox-
crofte, their Heires and Assignes, all that Parte of Newe
England in America, which lyes and extendes betweene
a great River there, comonlie called Monomack River,
alias Merrimack River, and a certen other River there,
called Charles River, being in the Bottome of a certen
Bay there, comonlie called Massachusetts, alias Matta-
chusetts, alias Massatusetts Bay ; and also all and sin-
guler those Landes and Hereditaments whatsoever,
lying within the Space of Three Englishe Myles on the
South Parte of the said River, called Charles River, or of
any or every Parte thereof; and also all and singuler the
Landes and Hereditaments whatsoever, lying and being
within the Space of Three Englishe Miles to the south-
ward of the southermost Parte of the said Baye, called
Massachusetts, alias Mattachusetts, alias Massatusets Bay:
And also all those Landes and Hereditaments whatsoever,
which lye and be within the Space of Three English Myles
to the Northward of the saide River, called Monomack,
alias Merrymack, or to the Norward of any and every
Parte thereof, and all Landes and Hereditaments whatso-
ever, lyeing within the Lymitts aforesaide, North and
South, in Latitude and Bredth, and in Length and Longi-
tude, of and within all the Bredth aforesaide, throughout
the mayne Landes there, from the Atlantick and West-
erne Sea and Ocean on the East Parte, to the South Sea
on the West Parte ; and all Landes and Groundes, Place
and Places, Soyles, Woodes, and Wood Groundes,
Havens, Portes, Rivers, Waters, and Hereditaments
whatsoever, lyeing within the said Boundesand Lymytts,
and every Parte and Parcell thereof ; and also all
Islandes in America aforesaide, in the saide Seas, or either
of them, on the Westerne or Easterne Coastes, or Partes

aa DOCUMENTS ILL US TRA Tl I K

of the saide Tracts of Landes hereby mencoed to be
given and graunted, or any of them ; and all Mynes and
Mynerals whatsoever, in the said Landes and Premisses,
or any parte thereof, and free Libertie of fishing in or
within any the Rivers or Waters within the Boundes
and Lymytts aforesaid, and the Seas therevnto adjoin-
ing; and all Fishes, Royal Fishes, Whales, Balan, Stur-
geons, and other Fishes of what Kinde or Nature soever,
that shall at any time hereafter be taken in or within
the saide Seas or Waters, or any of them, by the said
Sir Henry Rosewell, Sir John Younge, Sir Richard Sal-
tonstall, Thomas Southcott, John Humfrey, John Ende-
cott, Simon Whetcombe, Isaack Johnson, Samuell Alder-
sey, John Ven, Mathewe Cradock, George Harwood,
Increase Noell, Richard Pery, Richard Bellingham,
Nathaniell Wright, Samuell Vassell, Theophilus Eaton,
Thomas Goffe, Thomas Adams, John Browne, Samuell
Browne, Thomas Hutchins, William Vassall, William
Pinchion, and George Foxcrofte, their Heires and As-
signes, or by any other person or persons whatsoever
there inhabiting, by them, or any of them, to be
appointed to fishe therein. PROVIDED alwayes, That
yf the said Landes, Islandes, or any other the Premisses
herein before menooned, and by theis presents, intended
and meant to be graunted, were at the tyme of the
graunting of the saide former Letters patents, dated the
Third Day of November, in the Eighteenth Yeare of
our said deare Fathers Raigne aforesaide, actuallie pos-
sessed or inhabited by any other Christian Prince or
State, or were within the Boundes, Lymytts or Territories
of that Southerne Colony, then before graunted by our
said late Father, to be planted by divers of his loveing
Subiects in the south partes of America, That then this
present Graunt shall not extend to any such partes or
parcells thereof, soe formerly inhabited, or lyeing within
the Boundes of the Southerne Plantacon as aforesaide,
but as to those partes or parcells soe possessed or inhab-

OF AMERICAN HISTORY.

45

ited by such Christian Prince or State, or being within
the Bounders aforesaide shal be vtterlie voyd, theis pres-
ents or any Thinge therein conteyned to the contrarie
notwithstanding. To HAVE and hould, possesse and
enioy the saide partes of New England in America,
which lye, extend, and are abutted as aforesaide, and
every parte and parcell thereof : and all the Islandes,
Rivers, Portes, Havens, Waters, Fishings, Fishes,
Mynes, Myneralls, Jurisdictions, Franchises, Royalties,
Liberties, Priviledges, Comodities, and Premisses what-
soever, with the Appurtenances, vnto the said Sir Henry
Rosewell, Sir John Younge, Sir Richard Saltonstall,
Thomas Southcott, John Humfrey, John Endecott, Si-
mon Whetcombe, Isaack Johnson, Samuell Aldersey,
John Ven, Mathewe Cradock, George Harwood, Increase
Nowell, Richard Perry, Richard Bellingham, Nathaniell
Wright, Samuell Vassall, Theophilus Eaton, Thomas
Goffe, Thomas Adams, John Browne, Samuell Browne,
Thomas Hutchins, William Vassall, William Pinchion,
and George Foxcroft, their Heires and Assignes for-
ever, to the onlie proper and absolute Vse and Behoufe
of the said Sir Henry Rosewell, Sir John Younge, Sir
Richard Saltonstall, Thomas Southcott, John Humfrey,
John Endecott, Simon Whetcombe, Isaac Johnson, Sam-
uell Aldersey, John Ven, Mathewe Cradocke, George
Harwood, Increase Nowell, Richard Pery, Richard Bel-
lingham, Nathaniell Wright, Samuell Vassall, Theophilus
Eaton, Thomas Goffe, Thomas Adams, John Browne,
Samuell Browne, Thomas Hutchins, William Vassall,
William Pinchion, and George Foxcroft, their Heires and
Assignes forevermore : To BE HOLDEN of Vs, our Heires
and Successors, as of our Manor of Eastgreenwich in our
Countie of Kent, within our Rcalme of England, in free
and comon Soccage, and not in Capite, nor by Knights
Service ; and also yeilding and paying therefore, to Vs,
our Heires and Successors, the fifte Parte onlie of all
Oare of Gould and Silver, which from tyme to tyme, and

46

DOCUMENTS ILLUSTRATIVE

at all tymes hereafter, shal be there gotten, had, or ob-
teyned, for all Services, Exaccons, and Demaundes what-
soever; Provided alwaies, and our expresse Will and
Meaninge is, that onlie one fifte Parte of the Gould and
Silver Oare above mencoed, in the whole, and noe more
be reserved or payeable vnto Vs, our Heires and Succes-
sors, by Collour or Vertue of theis Presents, the double
Reservacons or recitalls aforesaid or any Thing herein
conteyned notwithstanding. And FORASMUCH, as the
good and prosperous Successe of the Plantacon of the
saide Partes of Newe-England aforesaide intended by the
said Sir Henry Rosewell, Sir John Younge, Sir Richard
Saltonstall, Thomas Southcott, John Humfrey, John
Endecott, Simon Whetcombe, Isaack Johnson, Samuell
Aldersey, John Ven, Mathew Cradock, George Harwood,
Increase Noell, Richard Pery, Richard Bellingham, Na-
thaniel! Wright, Samuell Vassall, Theophilus Eaton,
Thomas Goffe, Thomas Adams, John Browne, Samuell
Browne, Thomas Hutchins, William Vassall, William Pin-
chion, and George Foxcrofte, to be speedily sett vpon,
cannot but cheifly depend, next vnder the Blessing of Al-
mightie God, and the support of our Royall Authoritie
vpon the good Government of the same, To the Ende that
the Affaires and Buyssinesses which from tyme to tyme
shall happen and arise concerning the saide Landes, and
the Plantation of the same maie be the better mannaged
and ordered, Wee HAVE FURTHER hereby of our es-
pecial Grace, certain Knowledge and mere Mocbn, Given,
graunted and confirmed, and for Vs, our Heires and Suc-
cessors, doe give, graunt, and confirme vnto our said
trustie and welbeloved subiects Sir Henry Rosewell, Sir
John Younge, Sir Richard Saltonstall, Thomas South-
cott, John Humfrey, John Endicott, Simon Whetcombe,
Isaack Johnson, Samuell Aldersey, John Ven, Mathewe
Cradock, George Harwood, Increase Nowell, Richard
Pery, Richard Bellingham, Nathaniell Wright, Samuell
Vassall, Theophilus Eaton, Thomas Goffe, Thomas

OF AMERICAN HISTORY.

47

Adams, John Browne, Samuell Browne, Thomas Hutch-
ins, William Vassall, William Pinchion, and George Fox-
crofte : And for Vs, our Heires and Successors, Wee will
and ordeyne, That the saide Sir Henry Rosewell, Sir
John Young, Sir Richard Saltonstall, Thomas Southcott,
John Humfrey, John Endicott, Symon Whetcombe,
Isaack Johnson, Samuell Aldersey, John Ven, Mathewe
Cradock, George Harwood, Increase Noell, Richard Pery,
Richard Bellingham, Nathaniell Wright, Samuell Vassall,
Theophilus Eaton, Thomas Goffe, Thomas Adams, John
Browne, Samuell Browne, Thomas Hutchins, William
Vassall, William Pinchion, and George Foxcrofte, and all
such others as shall hereafter be admitted and made free
of the Company and Society hereafter mencoed, shall
from tyme to tyme, and att all tymes forever hereafter
be, by Vertue of theis presents, one Body corporate and
politique in Fact and Name, by the Name of the Gov-
ernor and Company of the Mattachusetts Bay in Newe-
England, and them by the Name of the Governour and
Company of the Mattachusetts Bay in Newe-England,
one Bodie politique and corporate, in Deede, Fact, and
Name ; Wee doe for vs, our Heires and Successors, make,
ordeyne, constitute, and confirme by theis Presents, and
that by that name they shall have perpetuall Succession,
and that by the same Name they and their Successors
shall and maie be capeable and enabled aswell to im-
plead, and to be impleaded, and to prosecute, demaund,
and aunswere, and be aunswered vnto, in all and singuler
Suites, Causes, Quarrells, and Accons, of what kinde or
nature soever. And also to have, take, possesse, acquire,
and purchase any Landes, Tenements, or Hereditaments,
or any Goodes or Chattells. and the same to lease,
graunte, demise, alien, bargaine, sell, and dispose of, as
other our liege People of this our Realme of England, or
any other corporacon or Body politique of the same may
lawfully doe. And FURTHER, That the said Governour
and Companye, and their Successors, maie have forever

48 DOCUMENTS ILL USTRA T1VE

one comon Seale, to be vsed in all Causes and Occasions
of the said Company, and the same Seale may alter,
chaunge, breake, and newe make, from tyme to tyme, at
their pleasures. And our Will and Pleasure is, and Wee
doe hereby for Vs, our Heires and Successors, ordeyne
and graunte, That from henceforth for ever, there shalbe
one Governor, one Deputy Governor, and eighteene As-
sistants of the same Company, to be from tyme to tyme
constituted, elected and chosen out of the Freemen of
the saide Company, for the tyme being, in such Manner
and Forme as hereafter in theis Presents is expressed,
which said Officers shall applie themselves to take Care
for the best disposeing and ordering of the generall buy-
sines and Affaires of, for, and concerning the said Landes
and Premisses hereby mencbed, to be graunted, and the
Plantacion thereof, and the Government of the People
there. And for the better Execucon of our Royall Pleas-
ure and Graunte in this Behalf, Wee doe, by theis pres-
ents, for Vs, our Heires and Successors, nominate, or-
deyne, make, & constitute, our welbeloved the saide
Mathewe Cradocke, to be the first and present Governor
of the said Company, and the saide Thomas Goffe, to be
Deputy Governor of the saide Company, and the saide
Sir Richard Saltonstall, Isaack Johnson, Samuell Alder-
sey, John Ven, John Humfrey, John Endecott, Simon
Whetcombe, Increase Noell, Richard Pery, Nathaniell
Wright, Samuell Vassall, Theophilus Eaton, Thomas
Adams, Thomas Hutchins, John Browne, George Fox-
crofte, William Vassall, and William Pinchion, to be the
present Assistants of the saide Company, to continue in
the saide several Offices respectivelie for such tyme, and
in such manner, as in and by theis Presents is hereafter
declared and appointed. And FURTHER, Wee will, and
by theis Presents, for Vs, our Heires and Successors, doe
ordeyne and graunte, That the Governor of the saide
Company for the tyme being, or in his Absence by Occa-
sion of Sicknes or otherwise, the Deputie Governor for

OF AMERICAN HISTORY.

49

the tyme being, shall have Authoritie from tyme to
tyme vpon all Occasions, to give order for the assembling
of the saide Company, and calling them together to con-
sult and advise of the Bussinesses and Affaires of the
saide Company, and that the said Governor, Deputie
Governor, and Assistants of the saide Company, for the
tyme being, shall or maie once every Moneth, or oftener
at their Pleasures, assemble and houlde and keepe a
Courte or Assemblie of themselves, for the better order-
ing and directing of their Affaires, and that any seaven
or more persons of the Assistants, togither with the
Governor, or Deputie Governor soe assembled, shalbe
saide, taken, held, and reputed to be, and shalbe a full
and sufficient Courte or Assemblie of the said Company,
for the handling, ordering, and dispatching of all such
Buysinesses and Occurrents as shall from tyme to tyme
happen, touching or concerning the said Company or
Plantacon ; and that there shall or maie be held and kept
by the Governor, or Deputie Governor of the said Com-
pany, and seaven or more of the said Assistants for the
tyme being, vpon every last Wednesday in Hillary,
Easter, Trinity, and Michas Termes respectivelie forever,
one greate generall and solempe assemblie, which foure
generall assemblies shalbe stiled and called the foure
greate and generall Courts of the saide Company ; In all
and every, or any of which saide greate and generall
Courts soe assembled, Wee DOE for Vs, our Heires and
Successors, give and graunte to the said Governor and
Company, and their Successors, That the Governor, or in
his absence, the Deputie Governor of the saide Company
for the tyme being, and such of the Assistants and Free-
men of the saide Company as shalbe present, or the
greater nomber of them so assembled, whereof the Gov-
ernor or Deputie Governor and six of the Assistants at
the least to be seaven, shall have full Power and author-
itie to choose, nominate, and appointe, such and soe
many others as they shall thinke fitt, and that shall be

4

50

DOCUMENTS ILLUSTRATIVE

willing to accept the same, to be free of the said Com-
pany and Body, and them into the same to admitt ; and
to elect and constitute such Officers as they shall thinke
fitt and requisite, for the ordering, mannaging, and dis-
patching of the Affaires of the saide Govenor and Com-
pany, and their Successors ; And to make Lawes and
Ordinnces for the Good and Welfare of the saide Com-
pany, and for the Government and ordering of the saide
Landes and Plantacon, and the People inhabiting and to
inhabite the same, as to them from tyme to tyme shalbe
thought meete, soe as such Lawes and Ordinances be not
contrarie or repugnant to the Lawes and Statuts of this
our Realme of England. And, our Will nd Pleasure is,
and Wee doe hereby for Vs, our Heires and Successors,
establish and ordeyne, That yearely once in the yeare,
for ever hereafter, namely, the last Wednesday in Easter
Tearme, yearely, the Governor, Deputy-Governor, and
Assistants of the saide Company and all other officers of
the saide Company shalbe in the Generall Court or
Assembly to be held for that Day or Tyme, newly chosen
for the Yeare ensueing by such greater parte of the saide
Company, for the Tyme being, then and there present,
as is aforesaide. And, yf it shall happen the present
governor, Deputy Governor, and assistants, by theis
presents appointed, or such as shall hereafter be newly
chosen into their Roomes, or any of them, or any other
of the officers to be appointed for the said Company, to
dye, or to be removed from his or their severall Offices
or Places before the saide generall Day of Eleccon
(whome Wee doe hereby declare for any Misdemeanor
or Defect to be removeable by the Governor, Deputie
Governor, Assistants, and Company, or such greater
Parte of them in any of the publique Courts to be assem-
bled as is aforesaid) That then, and in ever)- such Case, it
shall and maie be lawfull, to and for the Governor, Dep-
utie Governor, Assistants, and Company aforesaide, or
such greater Parte of them soe to be assembled as is

OF AMERICAN HISTOR Y. * r

aforesaide, in any of their Assemblies, to proceade to
a new Eleccon of one or more others of their Company
in the Roome or Place, Roomes or Places of such Of-
ficer or Officers soe dyeing or removed according to
their Discrecons, And, ymediately vpon and after
such Eleccon and Elecebns made of such Governor,
Deputie Governor, Assistant or Assistants, or any other
officer of the saide Company, in Manner and Forme
aforesaid, the Authoritie, Office, and Power, before
given to the former Governor, Deputie Governor, or
other Officer and Officers soe removed, in whose Steade
and Place newe shalbe soe chosen, shall as to him and
them, and everie of them, cease and determine. PROVI-
DED alsoe, and our Will and Pleasure is, That aswell
such as are by theis Presents appointed to be the pres-
ent Governor, Deputie Governor, and Assistants of the
said Company, as those that shall succeed them, and
all other Officers to be appointed and chosen as afore-
said, shall, before they vndertake the Execucon of their
saide Offices and Places respectivelie, take their Cor-
poral Oathes for the due and faithfull Performance of
their Duties in their severall Offices and Places, before
such Person or Persons as are by theis Presents herevn-
der appointed to take and receive the same ; That is to
saie, the saide Mathewe Cradock, whoe is hereby nomi-
nated and appointed the present Governor of the saide
Company, shall take the saide Oathes before one or
more of the Masters of our Courte of Chauncery for the
Tyme being, vnto which Master or Masters of the
Chauncery, Wee doe by theis Presents give full Power
and Authoritie to take and administer the said Oathe
to the said Governor accordinglie : And after the saide
Governor shalbe soe sworne, then the said Deputy Gov-
ernor and Assistants, before by theis Presents nominated
and appointed, shall take the said severall Oathes to
their Offices and Places respectivelie belonging, before
the said Mathew Cradock, the present Governor, soe

52

DOCUMENTS ILLUSTRATIVE

formerlie sworne as aforesaide. And every such Person
as shallbe at the Tyme of the annuall Eleccon, or other-
wise, vpon Death or Removeall, be appointed to be the
newe Governor of the said Company, shall take the
Oathes to that Place belonging, before the Deputy Gov-
ernor, or two of the Assistants of the said Company at the
least, for the Tyme being: And the newe elected Dep-
utie Governor and Assistants, and all other officers to be
hereafter chosen as aforesaide from Tyme to Tyme, to
take the Oathes to their places respectivelie belonging,
before the Governor of the said Company for the Tyme
being, vnto which said Governor, Deputie Governor,
and assistants, Wee doe by theis Presents give full
Power and Authoritie to give and administer the said
Oathes respectively, according to our true Meaning
herein before declared, without any Comission or further
Warrant to be had and obteyned of of Vs, our Heires or
Successors, in that Behalf. And, Wee doe further, of
our especial Grace, certen Knowledge, and meere mocon,
for Vs, our Heires and Successors, give and graunte to
the said Governor and Company, and their Successors
fori ever by theis Presents, That it shalbe lawfull and
free for them and their Assignes, at all and every Tyme
and Tymes hereafter, out of any our Realmes or Domyn-
ions whatsoever, to take, leade, carry, and transport,
for in and into their Voyages, and for and towardes the
said Plantacon in Newe England, all such and soe many
of our loving Subjects, or any other strangers that will
become our loving Subjects, and live under our Alle-
giance, as shall willinglie accompany them in the same
Voyages and Plantacon ; and also Shipping, Armour,
Weapons, Ordinance, Municon, Powder, Shott, Corner
Victualls, and all Manner of Clothing, Implements,
Furniture, Beastes, Cattle, Horses, Mares, Marchandizes,
and all other Thinges necessarie for the saide Plantacon,
and for their Vse and Defence, and for Trade with the
People there, and in passing and returning to and fro,

OF AMERICAN HISTORY.

53

any Lawe or Statute to the contrarie hereof in any wise
notwithstanding ; and without payeing or yeilding any
Custome or Subsidie, either inward or outward, to Vs,
our Heires or Successors, for the same, by the Space of
seaven Yeares from the Day of the Date of theis Pres-
ents. Provided, that none of the saide Persons be
such as shalbe hereafter by especiall Name restrayned
by Vs, our Heires or Successors. And, for their further
Encouragement, of our especiall Grace and Favor, Wee
doe by theis Presents, for Vs, our Heires and Successors,
yeild and graunt to the saide Governor and Company,
and their Successors, and every of them, their Factors
and Assignes, That they and every of them shalbe free
and quitt from all Taxes, Subsidies, and Customes, in
Newe England, for the like Space of seaven Yeares,
and from all Taxes and Imposicons for the Space of
twenty and one Yeares, vpon all Goodes and Merchan-
dizes at any Tyme or Tymes hereafter, either vpon Im-
portacon thither, or Exportacbn from thence into our
Realme of England, or into any other our Domynions
by the said Governor and Company, and their Successors,
their Deputies, Factors, and Assignes, or any of them ;
EXCEPT onlie the five Pounds per Centum due for Cus-
tome vpon all such Goodes and Merchandizes as after
the saide seaven Yeares shalbe expired, shalbe brought
or imported into our Realme of England, or any other
of our Dominions, according to the auncient Trade of
Merchants, which five Poundes per Centum onlie being
paide, it shall be thenceforth lawfull and free for the
said Adventurers, the same Goodes and Merchandizes
to export and carry out of our said Domynions into
forraine Partes, without any Custome, Tax, or other
Dutie to be paid to Vs, our Heires or Successors, or to
any other Officers or Ministers of Vs, our Heires and
Successors. Provided, that the said Goodes and Mer-
chandizes be shipped out within thirteene Monethes,
after their first Landing within any Parte of the saide

54

DOCUMENTS ILLUSTRATIVE

Domynions. And, Wee doe for Vs, our Heires and
Successors, give and graunte vnto the saide Governor
and Company, and their Successors, That whensoever,
or soe often as any Custome or Subsedie shall growe due
or payeable vnto Vs, our Heires, or Successors, accord-
ing to the Lymittacon and Appointment aforesaide, by
Reason of any Goodes, Wares, or Merchandizes to be
shipped out, or any Retorne to be made of any Goodes,
Wares, or Merchandize vnto or from the said Partes of
Newe England hereby mencoed to be graunted as afore-
saide, or any the Landes or Territories aforesaide, That
then, and soe often, and in such Case, the Farmors, Cus-
tomers, and Officers of our Customes of England and Ire-
land, and everie of them for the Tyme being, vpon Request
made to them by the saide Governor and Company, or
their Successors, Factors, or Assignes, and vpon convenient
Security to be given in that Behalf, shall give and allowe
vnto the said Governor and Company, and their Suc-
cessors, and to all and everie Person and Persons free of
that Company, as aforesaide, six Monethes Tyme for
the Payement of the one halfe of all such Custome and
Subsidy as shalbe due and payeable unto Vs, our Heires
and Successors, for the same ; for which theis our Letters
patents, or the Duplicate, or the inrollem* thereof, shalbe
vnto our saide Officers a sufficient Warrant and Dis-
charge. NEVERTHELES, our Will and Pleasure is, That
yf any of the saide Goodes, Wares, and Merchandize,
which be, or shalbe at any Tyme hereafter landed or ex-
ported out of any of our Realmes aforesaide, and shalbe
shipped with a Purpose not to be carried to the Partes
of Newe England aforesaide, but to some other place,
That then such Payment, Dutie, Custome, Imposicon,
or Forfeyture shalbe paid, or belonge to Vs, our Heires
and Successors, for the said Goodes, Wares, and Mer-
chandize, soe fraudulently sought to be transported, as
yf this our Graunte had not been made nor graunted.
AND, Wee doe further will, and by theis Presents, for Vsr

OF AMERICAN HISTORY.

55

our Heires and Successors, firmlie enioine and comaunde,
as well the Treasorer, Chauncellor and Barons of the
Exchequer, of Vs, our Heires and Successors, as also
all and singuler the Customers, Farmors, and Collectors
of the Customes, Subsidies, and Imposts, and other the
Officers and Ministers of Vs, our Heires, and Successors
whatsoever, for the Tyme Being, That they and every of
them, vpon the shewing forth vnto them of theis Letters
patents, or the Duplicate or exemplificacon of the same,
without any other Writt or Warrant whatsoever from Vs,
our Heires or Successors, to be obteyned or sued forth, doe
and shall make full, whole, entire, and due Allowance,
and cleare Discharge vnto the saide Governor and Com-
pany, and their Successors, of all Customes, Subsidies,
Inposicons, Taxes and Duties whatsoever, that shall or
maie be claymed by Vs, our Heires and Successors, of
or from the said Governor and Company, and their Suc-
cessors, for or by Reason of the said Goodes, Chattels,
Wares, Merchandizes, and Premises to be exported out
of our saide Domynions, or any of them, into any parte
of the saide Landes or Premises hereby mencoed, to be
given, graunted, and confirmed, or for, or by Reason of
any of the saide Goodes, Chattells, Wares, or Merchan-
dizes, to be imported from the said Landes and Premises
hereby mencoed, to be given, graunted, and confirmed
into any of our saide Dominions, or any Parte there-
of as aforesaide, excepting onlie the saide five
Poundes per Centum hereby reserved and payeable
after the Expiracbn of the saide Terme of seaven
Yeares as aforesaid, and not before : And theis our Let-
ters-patents, or the Inrollment, Duplicate, or Exemplifi-
cacon of the same shalbe for ever hereafter, from time
to tyme, as well to the Treasorer, Chauncellor and
Barons of the Exchequer of Vs, our Heires and Succes-
sors, as to all and singuler the Customers, Farmors, and
Collectors of the Customes, Subsidies, and Imposts of Vs,
our Heires and Successors, and all Searchers, and other

56

DOCUMEN TS ILL US TRA TIVE

the Officers and Ministers whatsoever of Vs, our Heires
and Successors, for the Time being, a sufficient Warrant
and Discharge in this Behalf. And, further our Will and
Pleasure is, and Wee doe hereby for Vs, our Heires and
Successors, ordeyneand declare, and graunte to the saide
Governor and Company, and their Successors, That all
and every the Subiects of Vs, our Heires or Successors,
which shall goe to and inhabite within the saide Landes
and Premisses hereby mencbed to be graunted, and every
of their Children which shall happen to be borne there,
or on the Seas in goeing thither, or retorning from
thence, shall have and enjoy all liberties and Immunities
of free and naturall Subiects within any of the Domynions
of Vs, our Heires or Successors, to all Intents, Construc-
cons, and Purposes whatsoever, as yf they and everie of
them were borne within the Realme of England. And
that the Governor and Deputie Governor of the said
Company for the Tyme being, or either of them, and any
two or more of such of the saide Assistants as shalbe
therevnto appointed by the saide Governor and Company
at any of their Courts or Assemblies to be held as afore-
saide, shall and maie at all Tymes, and from tyme to tyme
hereafter, have full Power and Authoritie to minister and
give the Oathe and Oathes of Supremacie and Allegiance,
or either of them, to all and everie Person and Persons,
which shall at any Tyme or Tymes hereafter goe or
passe to the Landes and Premisses hereby mencoed to be
graunted to inhabite in the same. And, Wee doe of our
further Grace, certen Knowledg and meere Mocbn, give
and graunte to the saide Governor and Company, and
their Successors, That it shall and maie be lawfull, to
and for the Governor or Deputie Governor, and such of
the Assistants and Freemen of the said Company for
the Tyme being as shalbe assembled in any of their
generall Courts aforesaide, or in any other Courtes to be
specially sumoned and assembled for that Purpose, or
the greater Parte of them (whereof the Governor or Dep-

OF AMERICAN HISTORY.

57

utie Governor, and six of the Assistants to be alwaies
seaven) from tyme to tyme, to make, ordeine, and estab-
lishe all Manner of wholesome and reasonable Orders,
Lawes, Statutes, and Ordinnces, Direccons, and Instruc-
cons, not contrarie to the Lawes of this our Realme of
England, aswell for setling of the Formes and Ceremo-
nies of Governm* and Magistracy, fitt and necessary for
the said Plantacon, and the Inhabitants there, and for
nameing and stiling of all sorts of Officers, both superior
and inferior, which they shall flnde needefull for that
Governement and Plantacon, and the distinguishing and
setting forth of the severall duties, Powers, and Lymytts
of every such Office and Place, and the Formes of such
Oathes warrantable by the Lawes and Statutes of this
our Realme of England, as shalbe respectivelie ministred
vnto them for the Execucbn of the said severall Offices
and Places ; as also, for the disposing and ordering of the
Eleccons of such of the said Officers as shalbe annuall,
and of such others as shalbe to succeede in Case of
Death or Removeall, and ministring the said Oathes to
the newe elected Officers, and for Imposicons of lawfull
Fynes, Mulcts, Imprisonment, or other lawfull Correccon,
according to the Course of other Corporacons in this our
Realme of England, and for the directing, ruling, and
disposeingof all other Matters and Thinges, whereby our
said People, Inhabitants there, may be soe religiously,
peaceablie, and civilly governed, as their good Life and
orderlie Conversacon, maie wynn and incite the Natives
of Country, to the Knowledg and Obedience of the on-
lie true God and Sauior of Mankinde, and the Christian
Fayth, which in our Royall Intencon, and the Adven-
turers free Profession, is the principall Ende of this Plan-
tacion. WILLING, comaunding, and requiring, and by
theis Presents for Vs, our Heires, and Successors, ordeyn-
ing and appointing, that all such Orders, Lawes, Statuts
and Ordifinces, Instruccbns and Direccons, as shalbe
soe made by the Governor, or Deputie Governor of the

c 8 DOCUMENTS ILL USTRA TIVE

said Company, and such of the Assistants and Freemen
as aforesaide, and published in Writing, vnder their
cofhon Seale, shalbe carefullie and dulie observed, kept,
performed, and putt in Execucbn, according to the true
Intent and Meaning of the same ; and theis our Letters-
patents, or the Duplicate or exemplificacbn thereof,
shalbe to all and everie such Officers, superior and infe-
rior, from Tyme to Tyme, for the putting of the same
Orders, Lawes, Statutes, and Ordinnces, Instruccons, and
Direccbns, in due Execucbn against Vs, our Heires and
Successors, a sufficient Warrant and Discharge. And
Wee DOE further, for Vs, our Heires and Successors, give
and graunt to the said Governor and Company, and
their Successors by theis Presents, that all and everie
such Chiefe Comaunders, Captaines, Governors, and
other Officers and Ministers, as by the said Orders,
Lawes, Statuts, Ordinnces, Instruccons, or Direccbns of
the said Governor and Company for the Tyme being,
shalbe from Tyme to Tyme hereafter ymploied either in
the Government of the saide Inhabitants and Plantacon,
or in the Waye by Sea thither, or from thence, according
to the Natures and Lymitts of their Offices and Places
respectively, shall from Tyme to Tyme hereafter for ever,
within the Precincts and Partes of Newe England hereby
mencbed to be graunted and confirmed, or in the Waie
by Sea thither, or from thence, have full and Absolute
Power and Authoritie to correct, punishe, pardon, governe,
and rule all such the Subiects of Vs, our Heires and
Successors, as shall from Tyme to Tyme adventure
themselves in any Voyadge, thither or from thence, or
that shall at any Tyme hereafter, inhabite within the Pre-
cincts and Partes of Newe England aforasaid, according
to the Orders, Lawes, Ordinnces, Instruccons, and Direc-
cbns aforesaid, not being repugnant to the Lawes and
Statutes of our Realme of England as aforesaid. And
Wee DOE further, for Vs, our Heires and Successors,
give and graunte to the said Governor and Company, and

OF AMERICAN HISTORY.

59

their Successors, by theis Presents, that it shall and maie
be lawfull, to and for the Chiefe Comaunders, Governors,
and Officers of the said Company for the Time being,
who shalbe resident in the said Parte of Newe England
in America, by theis Presents graunted, and others there
inhabiting by their Appointment and Direccbn, from
Tyme to Tyme, and at all Tymes hereafter for their
speciall Defence and Safety, to incounter, expulse, repell,
and resist by Force of Armes, aswell by Sea as by
Lande, and by all fitting Waies and Meanes whatsoever,
all such Person and Persons, as shall at any Tyme here-
after, attempt or enterprise the Destruccbn, Invasion,
Detriment, or Annoyaunce to the said Plantation or
Inhabitants, and to take and surprise by all Waies and
Meanes whatsoever, all and every such Person and Per-
sons, with their Shippes, Armour, Municon, and other
Goodes, as shall in hostile manner invade or attempt the
defeating of the said Plantacon, or the Hurt of the said
Company and Inhabitants: NEVERTHELES, our Will
and Pleasure is, and Wee doe hereby declare to all
Christian Kinges, Princes and States, that yf any Person
or Persons which shall hereafter be of the said Company
or Plantacon, or any other by Lycense or Appointment
of the said Governor and Company for the Tyme being,
shall at any Tyme or Tymes hereafter, robb or spoyle,
by Sea or by Land, or doe any Hurt, Violence, or vnlaw-
ful Hostilitie to any of the Subiects of Vs, our Heires or
Successors, or any of the Subiects of any Prince or
State, being then in League and Amytie with Vs, our
Heires and Successors, and that upon such iniury don
and vpon iust Complaint of such Prince or State or their
Subjects, WEE, our Heires and Successors shall make
open Proclamacbn within any of the Partes within our
Realme of England, comodious for that purpose, that the
Person or Persons haveing comitted any such Roberie
or Spoyle, shall within the Terme lymytted by such a
Proclamacon, make full Restitucon or Satisfaccon of all

6q DOCUMENTS ILL US TRA TIVE

such Iniureis don, soe as the said Princes or others soe
complayning, maie hould themselves fullie satisfied and
contented ; and that yf the said Person or Persons, have-
ing comitted such Robbery or Spoile, shall not make,
or cause to be made Satisfaccon accordinglie, within such
Tyme soe to be lymytted, that then it shalbe lawfull for
Vs, our Heires and Successors, to putt the said Person or
Persons out of our Allegiance and Proteccon, and that it
shalbe lawfull and free for all Princes to prosecute with
Hostilitie, the said Offendors, and every of them, their
and every of their Procurers, Ayders, Abettors, and Com-
forters in that Behalf : PROVIDED also, and our expresse
Will and Pleasure is, And Wee doe by theis Presents for
Vs, our Heires and Successors ordeyne and appoint That
theis Presents shall not in any manner envre, or be taken
to abridge, barr, or hinder any of our loving subiects
whatsoever, to vse and exercise the Trade of Fishing vpon
that Coast of New England in America, by theis Presents
mencbed to be graunted. But that they, and every, or
any of them, shall have full and free Power and Liberty
to continue and vse their said Trade of Fishing vpon the
said Coast, in any the Seas therevnto adioyning, or any
Armes of the Seas or Saltwater Rivers where they have
byn wont to fishe, and to build and sett vp vpon the
Landes by theis Presents graunted, such Wharfes, Stages,
and Workehouses as shalbe necessarie for the salting,
drying, keeping, and packing vp of their Fish, to be taken
or gotten vpon that Coast ; and to cutt down, and take
such Trees and other Materialls there groweing, or being,
or shalbe needefull for that Purpose, and for all other
necessarie Easements, Helpes, and Advantage concerning
their said Trade of Fishing there, in such Manner and
Forme as they have byn heretofore at any tyme accus-
tomed to doe, without making any willfull Waste or
Spoyle, any Thing in theis Presents conteyned to the
contrarie notwithstanding. And Wee DOE further, for
Vs, our Heires and Successors, ordeyne and graunte to

OF AMERICAN HISTORY. 6 1

the said Governor and Company, and their Successors by
theis Presents that theis our Letters-patents shalbe
firme, good, effectuall, and availeable in all Things, and
to all Intents and Construccons of Lawe, according to our
true Meaning herein before declared, and shalbe construed,
reputed, and adiudged in all Cases most favourablie on
the Behalf, and for the Benefitt and Behoofe of the saide
Governor and Company and their Successors : ALTHOUGH
expresse mencon of the true yearely Value or certenty of
the Premisses or any of them, or of any other Guiftes or
Grauntes, by Vs, or any of our Progenitors or Prede-
cessors to the foresaid Governor or Company before this
tyme made, in theis Presents is not made ; or any Stat-
ute, Acte, Ordinnce, Provision, Proclamacon, or Re-
strainte to the contrarie thereof, heretofore had, made,
published, ordeyned, or provided, or any other Matter,
Cause, or Thinge whatsoever to the contrarie thereof in
any wise notwithstanding.

In WlTNES whereof, Wee have caused theis our
Letters to be made Patents.

WlTNES ourself, at Westminster, the fourth day of
March, in the fourth Yeare of our Raigne.
Per Breve de Privato Sigillo,

WOLSELEY.

62 DOCUMENTS ILL US TRA TIVE

CHARTER OF MARYLAND— 1632.

Lord Baltimore's first attempt at colonization
was at Avalon, Newfoundland. Discouraged by
the severity of the climate he visited Virginia,
and obtaining from Charles II. a promise of
lands there, abandoned Newfoundland. Dying
shortly after, the promised patent was issued
in 1632 to his son and successor, who made
the first settlement at St. Mary's. The Palati-
nate of Durham served as a model for Lord Balti-
more's Avalon patent, and this in turn helped
mould the Maryland charter. " The Maryland
charter is full of interest as being the first propri-
etary constitution that bore any actual fruit. It
conferred on the grantee probably the most exten-
sive political privileges ever enjoyed by an Eng-
lish subject since the great houses had bowed
before the successive oppression of Yorkist and
Tudor rule." (Doyle.) With the exception of the
reservation of allegiance, and the provision that
the laws " be consonant to reason and be not re-
pugnant nor contrary to the laws and statutes of
the kingdom of England," Lord Baltimore was an
independent monarch. Maryland continued under
this charter till 1776, when a convention meeting
at Annapolis (Aug. 14 — Nov. n) formulated a
constitution for the state. A second constitution

OF AMERICAN HISTORY.

63

was adopted in 185 1, a third in 1864, and a fourth
in 1867.

Consult Doyle's English Colonies, I., 281; Ban-
croft's U. S., 1st ed. I., 241; cen. ed. I., 181; last ed.
I., 157; Hildreth's U. S., I., 206; Bryant and
Gay's U. S., I., 487; Neil's English Colonization,
Browne 's Maryland, 1 8 ; Bozman 's Maryland ;
Chalmers' Political Annals, 200.

CHARTER OF MARYLAND.

[Translated from the Latin original.]

CHARLES, by the Grace of God, King of England, Scot-
land, France, and Ireland, Defender of the Faith, etc. To
all to whom these presents shall come, greeting: Where-
as our right trusty and well-beloved subject Caecilius
Calvert, Baron of Baltimore, in our kingdom of Ireland,
son and heir of Sir George Calvert, knight, late Baron
of Baltimore, in the same kingdom of Ireland, pursuing
his father's intentions, being incited with a laudable and
pious zeal for the propagation of the Christian faith, and
the enlargement of our empire and dominion, hath hum-
bly besought leave of us, by his industry and charge, to
transport an ample colony of the English nation into a
certain country hereafter described in the parts of Amer-
ica not yet cultivated and planted, though in some parts
thereof inhabited by a certain barbarous people, having
no knowledge of the Almighty God ; and hath humbly
besought our royal majesty to give, grant and confirm
the said country; with certain privileges and jurisdic-
tions, requisite for the said government and State of his
colony and country, aforesaid, to him and his heirs for-
ever.

Know ye, therefore, that we, favoring the pious and
noble purpose of the said Barons of Baltimore, of our

64

DOCUMENTS ILLUSTRA TIVE

especial grace, certain knowledge, and mere motion,
have given, granted, and confirmed, and by this our pres-
ent charter, for us, our heirs and successors, do give,
grant, and confirm, unto the said Caecilius, now Baron of
Baltimore, his heirs and assigns, all that part of a penin-
sula lying in the parts of America between the ocean
on the east, and the bay of Chesapeak on the west, and
divided from the other part thereof by a right line drawn
from the promontory or cape of land called Watkins'
Point (situate in the aforesaid bay, near the river of
Wighco) on the west, unto the main ocean on the east ;
and between that bound on the south unto that part of
Delaware Bay on the north, which lieth under the for-
tieth degree of northerly latitude from the equinoctial
where New England ends; and all that tract of land be-
tween the bounds aforesaid ; that is to say, passing from
the aforesaid unto the aforesaid bay called Delaware Bay,
in a right line by the degree aforesaid, unto the true mer-
idian of the first fountain of the river Potomac, and from
thence tending towards the south unto the further bank
of the aforesaid river, and following the west and south
side thereof into a certain place called Cinquack situate
near the mouth of the said river, where it falls into the
bay of Chesapeak, and from thence by a straight line
unto the aforesaid promontory and place called Watkins'
Point (so that all that tract of land divided by the line
aforesaid, drawn between the main ocean and Watkins'
Point, unto the Promontory called Cape Charles, and all
its appurtenances, do remain entirely excepted to us, our
heirs and successors forever).

We do also grant and confirm to the said Lord Balti-
more, his heirs and assigns, all islands and islets within
the limits aforesaid, and all and singular the islands and
islets which are or shall in the ocean, within ten leagues
from the eastern shore of the said country towards the
east, with all and singular ports, harbors, bays, rivers,
and inlets belonging unto the country and islands afore-

OF A MEXICAN HISTORY.

65

said, and all the soil, lands, fields, woods, mountains,
fens, lakes, rivers, bays, and inlets, situate or being within
the limits and bounds aforesaid. With the fishing of all
sorts of fish, whales, sturgeons, and all other royal fishes
in the sea, bays, inlets, and rivers, within the premises,
and all the fish therein taken.

And moreover all veins, mines, and quarries, as well
discovered as not discovered, of gold, silver, gems, and
precious stones, and all other whatsoever, be it of stones,
metals, or of any other thing or matter whatsoever,,
found, or to be found within the country, isles and lim-
its aforesaid.

And, futhermore, the patronages and advowsons of all
churches, which (as Christian religion shall increase
within the country, isles, islets, and limits aforesaid) shall
happen hereafter to be erected ; together with license
and power to build and found churches, chapels, and
oratories, in convenient and fit places within the prem-
ises, and to cause them to be dedicated and consecrated
according to the ecclesiastical laws of our kingdom of
England ; together with all and singular the like, and as
ample rights, jurisdictions, privileges, prerogatives,
royalties, liberties, immunities, royal rights and fran-
chises, of what kind soever, temporal, as well by sea as by
land, within the country, isles, islets, and limits aforesaid,
to have, exercise, use and enjoy the same, as amply as
any bishop of Durham, within the bishopric or county
palatine of Durham, in our kingdom of England, hath
at any time heretofore had, held, used, or enjoyed, or of
right, ought or might have had, held, used, or enjoyed.

And him the said now Lord Baltimore, his heirs and
assigns, we do by these presents, for us, our heirs, and
successors, make, create, and constitute the true and ab-
solute lords and proprietaries of the said country afore-
said, and of all other the premises (except before ex-
cepted), saving always the faith and allegiance and sov-
ereign dominion due unto us, our heirs and success-
5

66 DOCUMENTS ILLUSTRATIVE

ors. To have, hold, possess, and enjoy the said country,
isles, inlets, and other the premises, unto the said now
Lord Baltimore, his heirs and assigns, to the sole and
proper use and behoof of him the said now Lord Balti-
more, his heirs and assigns forever.

To be holden of us, our heirs and successors, Kings of
England, as of our castles of Windsor, in our county of
Berks, in free and common soccage, by fealty only, for
all services, and not in capite, or by knight's service,
yielding and paying therefor to us, our heirs and suc-
cessors, two Indian arrows of those parts, to be delivered
at our said castle of Windsor, every year the Tuesday
in Easter week, and also the fifth part of all gold and
silver ore, within the limits aforesaid, which shall from
time to time, happen to be found.

Now, that the said country, thus by us granted and
described, may be eminent above all other parts of the
said territory, dignified with large title, Know ye, that
we, of our further grace, certain knowledge, and mere
motion, have thought fit to erect the same country and
islands into a province, as out of the fullness of our royal
power and prerogative, we do, for us, our heirs and suc-
cessors, erect and incorporate them into a province, and
do call it Maryland, and so from henceforth we will have
it called.

And forasmuch as we have hereby made and ordained
the aforesaid now Lord Baltimore, the true Lord and
proprietary of all the province aforesaid, Know ye,
therefore, that we, reposing special trust and confidence
in the fidelity, wisdom, justice, and provident circum-
spection of the said now Lord Baltimore, for us, our
heirs and successors, do grant free, full, and absolute
power, by virtue of these presents, to him and his heirs,
for the good and happy government of the said country,
to ordain, make, enact, and under his and their seals to
publish any laws whatsoever, appertaining either unto
the public state of the said province, or unto the private

OF AMERICAN HISTORY.

<>7

utility of particular persons, according to their best dis-
cretions, by and with the advice, assent, and approbation
of the freemen of the said province, or the greater part
of them, or of their delegates or deputies, whom, for the
enacting of the said laws, when and as often as need
shall require, we will that the said now Lord Baltimore,
and his heirs, shall assemble in such sort and form as to
him and them shall seem best, and the said laws duly to
execute upon all people within the said province and
limits thereof, for the time being, or that shall be consti-
tuted under the government and power of him or them,
either sailing towards Maryland, or returning from thence
towards England, or any other of ours or foreign domin-
ions, by imposition of penalties, imprisonment or any
other punishment : yea, if it shall be needful, and that
the quality of the offence require it, by taking away mem-
bers or life, either by him the said now Lord Baltimore,
and his heirs, or by his and their deputies, lieutenants,
judges, justices, magistrates, officers, and ministers, to be
ordained or appointed, according to the tenor and true
intentions of these presents, and likewise to appoint and
establish any judges, justices, magistrates, and officers,
whatsoever, at sea and land, for what cause soever, and
with what power soever, and in such form as to the said
now Lord Baltimore, or his heirs, shall seem most con-
venient ; also to remit, release, pardon, and abolish,
whether before judgment or after, all crimes and offences
whatsoever, against the said laws, and to do all and every
other thing or things, which unto the complete establish-
ment of justice unto courts, praetories, and tribunals,
forms of judicature, and manners of proceedings, do be-
long, although in these presents express mention be not
made thereof ; and by judges by them delegated to
award process, hold pleas, and determine, in said courts
and tribunals, all actions, suits, and causes whatsoever,
as well criminal as civil, personal, real, mixt, and prae-
torial, which laws, so as aforesaid, to be published, our

68 DOCUMENTS ILLUSTRATIVE

pleasure is, and so we do enjoin, require, and command,
shall be most absolute and available in law ; and that all
the liege people and subjects of us, our heirs and succes-
sors, do observe and keep the same inviolably, in those
parts, so far as they concern them, under the pains there-
in expressed, or to be expressed ; provided nevertheless,
That the said laws be consonant to reason, and be not
repugnant or contrary, but as near as conveniently may
be, agreeable to the laws, statute, and rights of this our
kingdom of England.

And forasmuch as in the government of so great a
province, sudden accidents often happen, whereunto it
will be necessary to apply a remedy, before the free-
holders of the said province, or their delegates, or depu-
ties, can be assembled to the making of laws, neither will
it be convenient that instantly upon every such emer-
gent occasion so great a multitude should be called to-
gether ; therefore, for the better government of the said
province, we will and ordain, and by these presents
for us, our heirs and successors, and grant unto the
said Lord Baltimore, and his heirs, by themselves, or
by their magistrates, and officers, in that behalf duly
to be ordained, as aforesaid, to make and constitute fit
and wholesome ordinances, from time to time, within
the said province, to be kept and observed, as well for
the preservation of the peace, as for the better govern-
ment of the people there inhabiting, and publicly to
notify the same to all persons whom the same doth or
may in any way concern ; which ordinances, our pleasure
is, shall be observed inviolably within the said province,
under the pains therein to be expressed ; so as the said
ordinances be consonant to reason, and be not repug-
nant nor contrary to the laws and statutes of the king-
dom of England ; and so as the said ordinances be not
extended in any sort, to bend, charge, or take away the
right or interest of any person or persons, or of their
life, members, freehold, goods, or chattels.

OF AMERICAN HISTORY.

69

Furthermore, that this new colony may the more hap
pily increase by the multitude of people resulting thither,
and may likewise be the more strongly defended from the
incursions of savages, or other enemies, pirates and rob-
bers, therefore we, for us, our heirs and successors, do
give and grant, by these presents, power, license, and
liberty, unto all the liege people and subjects, both pres-
ent and future, for us, our heirs and successors (ex-
cepting those who shall be expressly forbidden), to
transport themselves, and families into the said province,
with convenient shipping, and fitting provisions and
there to settle themselves, dwell and inhabit ; and to
build and fortify castles, forts, and other places of
strength for the public, and their own private defence,
at the appointment of the said now Lord Baltimore, and
his heirs, the statute of fugitives, or any other whatso-
ever, the contrary of the premises in any wise notwith-
standing.

And we will also, and of our more especial grace, for
us, our heirs and successors, we do strictly enjoin, con-
stitute, ordain, and command, That the said province
shall be of our allegiance, and that all and singular, sub-
jects and liege people of us, our heirs and successors,
transported or to be transported into the said province,
and the children of them, and of such as shall descend
from them, there already born, or hereafter to be born,
be, and shall be denizens and lieges of us, our heirs and
successors, of our kingdoms of England and Ireland, and
be in all things held, treated, reputed, and esteemed, as
the liege faithful people of us, our heirs and successors,
born within the kingdom of England; and likewise, any
lands, tenements, revenues, services and other heredita-
ments whatsoever, within our kingdom of England, and
other our dominions, may inherit, or otherwise purchase,
receive, take, hold, have, buy and possess, and then may
occupy and enjoy, give, sell, alien and bequeathe as like-
wise all liberties, franchises and privileges, of this our

yo

DOCUMENTS ILLUSTRATIVE

kingdom of England, freely, quietly and peaceably have
and possess, occupy and enjoy, as our liege people, born,
or to be born, within our said kingdom of England,
without the let, molestation, vexation, trouble or griev-
ance of us, our heirs and successors ; any Statute, act,
ordinance or provision to the contrary thereof notwith-
standing.

And furthermore, that our subject may be the rather
encouraged to undertake this expedition with ready and
cheerful minds, know ye, that we of our especial grace,
certain knowledge, and mere motion, do give and grant,
by virtue of these Presents, as well unto the said now
Lord Baltimore, and his heirs, as to all others who shall,
from time to time, repair unto the said country with a
purpose to inhabit there, or to trade with the natives
of the said province, full license to lade and trade in
any ports whatsoever, of us, our heirs and successors,
and into the said province of Maryland, by them, their
servants or assigns, to transport all and singular their
goods, wares, and merchandises, as likewise all sorts of
grain whatsoever, and all other things whatsoever nec-
essary for food and clothing, not prohibited by the laws
and statute of our kingdoms and dominions to be carried
out of the said kingdoms, any statute, act, ordinance, or
other thing whatsoever to the contrary notwithstanding,
without any lett or molestation of us, our heirs and suc-
cessors; or of any of the heirs of us, our heirs and suc-
cessors, saving always to us, our heirs and successors,
the legal impositions, customs, and other duties and pay-
ments for the said weighers of merchandise, any statute,
act, ordinance, or other thing whatsoever to the contrary
notwithstanding.

And because in so remote a country, and situate near
so many barbarous nations, the incursions as well of the
savages themselves, as of other enemies, pirates, and rob-
bers, may probably be feared, therefore we have given,
and for us, our heirs and successors, do give power by

OF AMERICAN IIISTOR Y. y l

these Presents, unto the said now Lord Baltimore, his
heirs and assigns, by themselves or their captains, or
other their officers to levy, muster, and train all sorts of
men, of what condition or wheresoever born, in the
said province of Maryland, for the time being, and to
make war, and pursue the enemies, robbers, aforesaid, as
well by sea as by land, yea, even without the limits of
the said province, and (by God's assistance) to vanquish
and take them ; and being taken, to put them to death,
by the law of war, or to save them, at their pleasure ;
and to all and every other thing which unto the charge
and office of a captain-general of an army belongeth,
or hath accustomed to belong, as fully and freely as any
captain-general of an army hath ever had the same.

Also, our will and pleasure is, and by this our charter,
we do give unto the said now Lord Baltimore, his heirs
and assigns, full power, liberty and authority, in case of
rebellion, tumult or sedition, if any should happen
(which God forbid) either upon the land, within the prov-
ince aforesaid, or upon the main sea, in making a voy-
age thither, or returning from thence by themselves, or
their captains, deputies, or other officers, to be author-
ized under their seals for that purpose (to whom we also,
for us, our heirs and successors, do give and grant by
these presents, full power and authority), to exercise
martial law against mutinous and seditious persons of
those parts, such as shall refuse to submit themselves to
his or their government, or shall refuse to serve in the
wars, or shall fly to the enemy, or forsake their ensigns,
or be loiterers, or stragglers, or otherwise however offend-
ing against the law, custom, and discipline military, as
freely and in as ample manner and form as a captain-
general of any army, by virtue of his office, might, or
hath accustomed to use the same.

Furthermore, that the way to honors and dignities
may not seem to be altogether precluded and shut up
to men well-born, and such as shall prepare themselves

72 DOCUMENTS ILL USTRA TIVE

unto this present plantation, and shall desire to deserve
well of us and our kingdoms, both in peace and war, in
so far distant and remote a country, Therefore we, for
us, our heirs and successors, do give free and absolute
power unto the said now Lord Baltimore, his heirs and
assigns, to confer favors, rewards and honors, upon such
inhabitants, within the province aforesaid, as shall de-
serve the same, to invest them with titles and dignities
soever as he shall think fit (so as they be not such as are
now used in England), as like to erect and incorporate
towns into boroughs, and boroughs into cities, with con-
venient privileges and immunities, according to the merit
of the inhabitants, and fitness of the places, and to do
all and every other thing or things touching the prem-
ises, which to him and them shall seem meet and requi-
site ; albeit they be such as of their own nature might
otherwise require a more special commandment and war-
rant than in these presents is expressed.

We will also, and by these presents for us, our heirs
and successors, do give and grant license, by this our
charter, unto the said now Lord Baltimore, his heirs and
assigns, and to all the inhabitants and dwellers in the said
province aforesaid, both present and to come, to import,
unlade, by themselves or their servants, factors or as-
signs, all merchandises and goods whatsoever, that shall
arise of the fruits and commodities of the said prov-
ince, either by sea or land, into any of the ports of us,
our heirs and successors, in our kingdoms of England or
Ireland, or otherwise to dispose of the said goods, in the
said ports, and if need be, within one year next after un-
lading the same, to lade the same merchandise and
goods again into the same or other ships, and export the
same into any other countries either of our dominion or
foreign (being in amity with us, heirs and successors).
Provided always that they pay such customs, imposi-
tions, subsidies, and duties, for the same, to us, our heirs
and successors, as the rest of our subjects of our king-

OF AMERICAN HISTOR i". 73

dom of England, for the time being, shall be bound to
pay ; beyond which, we will not that the inhabitants
of the aforesaid province of Maryland shall be any
charged.

And furthermore, of our ample and special grace, cer-
tain knowledge, and mere motion, we do, for us, our
heirs and successors, grant unto the said now Lord Balti-
more, his heirs and assigns, full and absolute power and
authority to make, erect, and constitute, within the said
province of Maryland, the isles and islets aforesaid, such
and so many seaports, harbors, creeks, and other places,
for discharging and unlading of goods and merchandises
out of ships, boats and other vessels, and lading them in
such and so many places, and with such rights, jurisdic-
tions, and liberties, and privileges unto the said ports be-
longing, as to him or them shall seem most expedient ;
and that all and singular the ships, boats and other ves-
sels, which shall come for merchandise and trade into
the said province, or out of the same shall depart, shall
be laden or unladen only at such ports as shall be so
erected and constituted by the said now Lord Baltimore,
his heirs and assigns, any use, custom, or other things to
the contrary notwithstanding ; saving always unto us,
our heirs and successors, and to all the subjects (of our
kingdoms of England and Ireland) of us, our heirs and
successors, free liberty of fishing for sea fish, as well in
the sea, bays, inlets, and navigable rivers, as in the har-
bors, bays, and creeks of the province aforesaid, and the
privileges of salting and drying their fish on the shore of
the said province, and for the same cause, to cut and
take underwood and twigs there growing, and to build
cottages and sheds necessary in this behalf, as they
heretofore have or might reasonably have used ; which
liberties and privileges, nevertheless, the subjects afore-
said of us, our heirs and successors, shall enjoy without
any notable damage or injury to be done to the said
now Lord Baltimore, his heirs and assigns, or to the

74

DOCUMEN TS ILL USTRA TIVE

dwellers and inhabitants of the said province, in the
ports, creeks, and shores aforesaid, and especially in
the woods and copses growing within the said province.
And if any shall do any such damage or injury, he shall
incur the heavy displeasure of us, our heirs and succes-
sors, the punishment of the laws, and shall moreover
make satisfaction.

We do furthermore will, appoint, and ordain, and by
these presents, for us, our heirs and successors, we do
grant unto the said now Lord Baltimore, his heirs and
assigns, that he, the said Lord Baltimore, his heirs and as-
signs, may from time to time, forever, have and enjoy the
customs and subsidies in the ports, harbors, and other
creeks and places aforesaid, within the province afore-
said, payable or due for merchandises or wares thereto
laded or unladed : the said customs and subsidies to be
reasonably assessed (upon any occasion) by themselves
and the people there as aforesaid, to whom we give
power, by these presents, for us, our heirs and succes-
sors, upon just cause and in a due proportion, to assess
and impose the same.

And further, of special grace, certain knowledge, and
mere motion, we have given and granted, and by these
presents, for us, our heirs and successors, do give and
grant, unto the said now Lord Baltimore, his heirs and
assigns, full and absolute power, license, and authority,
that he, the said now Lord Baltimore, his heirs and as-
signs, from time to time hereafter, for ever, at his and
their will and pleasure, may assign, alien, grant, demise,
or enfeoffe of the premises, so many and such parts and
parcels to him or them that shall be willing to purchase
the same, as they shall think fit ; to have and to hold to
them the said person or persons willing to take or pur-
chase the same, their heirs and assigns, in fee simple, or
in fee tail, or for the term of life or lives, or years, to be
held of the said now Lord Baltimore, his heirs and as-
signs, by such services, customs, and rents, as shall seem

OF AMERICAN HISTORY.

7$

fit to the said now Lord Baltimore, his heirs and assigns,
and not immediately of us, our heirs and successors : And
to the same person or persons, and to all and every of
them, we do give and grant, by these presents, for us,
our heirs and successors, license, authority and power,
that such person or persons may take the premises, or
any parcel thereof, of the said now Lord Baltimore, his
heirs or assigns (in what estate of inheritance soever, in
fee simple, or in fee tail, or otherwise, as to them and
the now Lord Baltimore, his heirs and assigns, shall seem
expedient) ; the statute made in the parliament of Ed-
ward, son of King Henry, late King of England, our
predecessor, commonly called the statute Quia emptores
tenarum, lately published in our kingdom of England, or
any other statute, act, ordinance, use, law, or custom,
or any other thing cause or matter thereupon hereto-
fore had, done, published, ordained or provided to the
contrary, in any wise notwithstanding.

And by these presents, we give and grant license unto
the said now Lord Baltimore and his heirs, to erect any
parcels of land within the province aforesaid into man-
ors, in every the said manors to have and hold a court of
Baron, with all things whatsoever which to a court Bar-
on do belong, and to have and hold view of frank-pledge
(for the conservation of the peace, and the better govern-
ment of those parts), by themselves, or their stewards, or
by the lords, for the time being, of other manors to be
deputed, when they shall be erected, and in the same to
use all things belonging to view of frank-pledge.

And further, our pleasure is, and by these presents, for
us, our heirs and successors, we do covenant and grant
to and with the said now Lord Baltimore, and his heirs
and assigns, that we, our heirs and successors, shall at no
time hereafter set or make, or cause to set any imposi-
tion, custom, or other taxation, rate, or contribution
whatsoever, in and upon the dwellers and inhabitants of
the aforesaid province, for their lands, tenements, goods,

76

DOCUMENTS ILL VSTKA Tl I E

or chattels within the said province, or in or upon any
goods or merchandise within the said province, or to be
laden or unladen within the ports or harbors of the said
province. And our pleasure is, and for us, our heirs and
successors, we charge and command, that this our dec-
laration shall henceforward, from time to time, be re-
ceived and allowed in all our courts, and before all the
judges of us, our heirs and successors, for a sufficient and
lawful discharge, payment and acquittance ; command-
ing all and singular our officers and ministers of us, our
heirs and successors, and enjoining them, upon pain of
our high displeasure, that they do not presume, at any
time, to attempt anything to the contrary of the prem-
ises, or that they do in any sort withstand the same ;
but that they be at all times aiding and assisting, as
fitting, unto the said now Lord Baltimore, and his heirs,
and to the inhabitants and merchants of Maryland afore-
said, their servants, ministers, factors and assigns, in the
full use and fruition of the benefit of this our charter.

And further, our pleasure is, and by these presents, for
us, our heirs and successors, we do grant unto the said
now Lord Baltimore, and his heirs and assigns, and to
the tenants and inhabitants of the said province of Mary-
land, both present and to come, and to every of them,
that the said province, tenants, and inhabitants of the
said colony or country, shall not from henceforth beheld
or reputed as a member, or as a part of Virginia^ or of
any other colony whatsoever, now transported or here-
after to be transported, nor shall be depending on, or
subject to their government in anything, from whom we
do separate that and them. And our pleasure is, by
these presents, that they be separated, and that they be
subject immediately to our crown of England, as depend-
ing thereof forever.

And if perchance hereafter it should happen any
doubts or questions should arise concerning the true sense
and understanding of any word, clause or sentence con-

OF AMERICAN HISTORY. yy

tained in this our present charter, we will, ordain and
command, that at all times, and in all things, such inter-
pretations be made thereof and allowed, in any of our
courts whatsoever, as shall be adjudged most advanta-
geous and favorable unto the said now Lord Baltimore, his
heirs and assigns ; provided always, that no interpreta-
tion be admitted thereof, by which God's holy and truly
Christian religion, or the allegiance due unto us, our
heirs and successors, may suffer any prejudice or dimi-
nution ; although express mention be not made in these
presents of the true yearly value of certainty of the prem-
ises, or of any part thereof, or of other gifts and grants
made by us, our progenitors or predecessors, unto the
said now Lord Baltimore, or any statute, act, ordinance,
provision, proclamation, or restraint heretofore had,
made, published, ordained, or provided, or any other
thing, cause, or matter whatsoever to the contrary there-
of in any wise notwithstanding. In witness, etc., witness
Ourself at Westminster, the twenty-eighth day of June,
A.D., 1632, in the eighth year of our reign.
By Writ of Privy Seal.

jS DOCUMENTS ILL USTRA TIVE

FUNDAMENTAL ORDERS OF CON-
NECTICUT—1639.

The towns in the Connecticut Valley, founded
by the emigrants from Massachusetts, were gov-
erned for a time by persons acting under a com-
mission from the Massachusetts General Court ;
but in 1639 tne towns of Windsor, Hartford and
Wethersfield associated themselves under the fol-
lowing constitution, the " first in the series of writ-
ten American constitutions framed by the people
for the people." " Equal laws were the basis of
their commonwealth ; and therefore its foundations
were lasting." (Bancroft.) This, with such slight
changes in its practical provision as the increase
of population demanded, was the fundamental law
of Connecticut for nearly two centuries.

Consult Bancroft's Hist. U. S., 1st ed., I., 402 ;
cen. ed., I., 318; last ed., I., 270; Palfrey's Hist.,
N. E.y I., 535 ; Hildreth's U. S., I., 261 ; Bryant
and Gay 's U. S., II., 23.

FUNDAMENTAL ORDERS OF CONNECTICUT—

1638-39.

Forasmuch as it hath pleased the Allmighty God by
the wise disposition of his diuyne pruidence so to Order
and dispose of things that we the Inhabitants and Res-
idents of Windsor, Harteford and Wethersfield are now
cohabiting and dwelling in and vppon the River of Con-
ectecotte and the Lands thereunto adioyneing; And well

OF AMERICAN HISTORY

79

knowing where a people are gathered togather the word
of God requires that to mayntayne the peace and vnion
of such a people there should be an orderly and decent
Gouerment established according to God, to order and
dispose of the affayres of the people at all seasons as occa-
tion shall require ; doe therefore assotiate and conioyne
our selues to be as one Publike State or Commonwelth ;
and doe, for our selues and our Successors and such as
shall be adioyned to vs att any tyme hereafter, enter into
Combination and Confederation togather, to mayntayne
and presearue the liberty and purity of the gospell of our
Lord Jesus which we now professe, as also the disciplyne
of the Churches, which according to the truth of the said
gospell is now practised amongst vs ; As also in our
Ciuell Affaires to be guided and gouerned according to
such Lawes, Rules, Orders and decrees as shall be made,
ordered & decreed, as followeth : —

i. It is Ordered, sentenced and decreed, that there shall
be yerely two generall Assemblies or Courts, the first on
the second thursday in Aprill, the other the second thurs-
day in September, following ; the first shall be called the
Courte of Election, wherein shall be yerely Chosen from
tyme to tyme soe many Magestrats and other publike
Officers as shall be found requisitte : Whereof one to be
chosen Gouernour for the yeare ensueing and vntill
another be chosen, and noe other Magestrate to be chosen
for more then one yeare ; pruided allwayes there be sixe
chosen besids the Gouernour; which being chosen and
sworne according to an Oath recorded for that purpose
shall haue power to administer iustice according to the
Lawes here established, and for want thereof according to
the rule of the word of God ; which choise shall be made
by all that are admitted freemen and haue taken the
Oath of Fidellity, and doe cohabitte within this Jurisdic-
tion, (hauing beene admitted Inhabitants by the maior
part of the Towne wherein they Hue,) or the mayor
parte of such as shall be then present.

SO DOCUMENTS ILLUSTRATIVE

2. It is Ordered, sentenced and decreed, that the Elec-
tion of the aforesaid Magestrats shall be on this manner :
euery person present and quallified for choyse shall bring
in (to the persons deputed to receaue them) one single
paper with the name of him written in yt whom he de-
sires to haue Gouernour, and he that hath the greatest
number of papers shall be Gouernor for that yeare. And
the rest of the Magestrats or publike Officers to be chosen
in this manner : The Secretary for the tyme being shall
first read the names of all that are to be put to choise
and then shall seuerally nominate them distinctly, and
euery one that would haue the person nominated to be
chosen shall bring in one single paper written vppon, and
he that would not haue him chosen shall bring in a blanke :
and euery one that hath more written papers then blanks
shall be a Magistrat for that yeare ; which papers shall be
receaued and told by one or more that shall be then chosen
by the court and sworne to be faythfull therein ; but in
case there should not be sixe chosen as aforesaid, besids
the Gouernor, out of those which are nominated, then he
or they which haue the most written papers shall be a
Magestrate or Magestrats for the ensueing yeare, to make
vp the foresaid number.

3. It is Ordered, sentenced and decreed, that the Sec-
retary shall not nominate any person, nor shall any person
be chosen newly into the Magestracy which was not pro-
pownded in some Generall Courte before, to be nominated
the next Election ; and to that end yt shall be lawfull
for ech of the Townes aforesaid by their deputyes to
nominate any two whom they conceaue fitte to be put to
election ; and the Courte may ad so many more as they
iudge requisitt.

4. It is Ordered, sentenced and decreed that noe per-
son be chosen Gouernor aboue once in two yeares, and
that the Gouernor be always a member of some approved
congregation, and formerly of the Magestracy within this
Jurisdiction; and all the Magestrats Freemen of this

OF AMERICAN HISTORY.

Commonwelth : and that no Magestrate or other publike
officer shall execute any parte of his or their Office
before they are seuerally sworne, which shall be done in
the face of the Courte if they be present, and in case of
absence by some deputed for that purpose.

5. It is Ordered, sentenced and decreed, that to the
aforesaid Courte of Election the severall Townes shall
send their deputyes, and when the Elections are ended
they may proceed in any publike searuice as at other
Courts. Also the other Generall Courte in September
shall be formakeing of lawes, and any other publike occa-
tion, which conserns the good of the Commonwelth.

6. It is Ordered, sentenced and decreed, that the Gou-
ernor shall, ether by himselfe or by the secretary, send
out summons to the Constables of eur Towne for the
cauleing of these two standing Courts, on month at lest
before their seuerall tymes : And also if the Gouernorand
the gretest parte of the Magestrats see cause vppon any
spetiall occation to call a generall Courte, they may giue
order to the secretary soe to doe within fowerteene dayes
warneing; and if vrgent necessity so require, vppon a
shorter notice, giueing sufficient grownds for yt to the
deputyes when they meete, or els be questioned for the
same ; And if the Gouernor and Mayor parte of Mages-
trats shall ether neglect or refuse to call the two Generall
standing Courts or ether of them, as also at other tymes
when the occations of the Commonwelth require, the
Freemen thereof, or the Mayor parte of them, shall peti-
tion to them soe to doe : if then yt be ether denyed or
neglected the said Freemen or the Mayor parte of them
shall haue power to giue order to the Constables of the
seuerall Townes to doe the same, and so may meete to-
gather, and chuse to themselues a Moderator, and may
proceed to do any Acte of power, which any other Gen-
erall Courte may.

7. It is Ordered, sentenced and decreed that after there
are warrants giuen out for any of the said Generall

6

g2 DOCUMENTS ILLUSTRATIVE

Courts, the Constable or Constables of ech Towne shall
forthwith give notice distinctly to the inhabitants of the
same, in some Publike Assembly or by goeing or send-
ing from howse to howse, that at a place and tyme by
him or them lymited and sett, they meet and assemble
them selues togather to elect and chuse certen deputyes
to be att the Generall Courte then following to agitate
the afayres of the commonwelth ; which said Deputyes
shall be chosen by all that are admitted Inhabitants in
the seuerall Townesand haue taken the oath of fidellity ;
prouided that non be chosen a Deputy for any Generall
Courte which is not a Freeman of this Commonwelth.

The foresaid deputyes shall be chosen in manner follow-
ing : euery person that is present and quallified as before
expressed, shall bring the names of such, written in seu-
erall papers, as they desire to haue chosen for that Im-
ployment, and these 3 or 4, more or lesse, being the
number agreed on to be chosen for that tyme, that haue
greatest number of papers written for them shall be depu-
tyes for that Courte ; whose names shall be endorsed on
the backe side of the warrant and returned into the
Courte, with the Constable or Constables hand vnto the
same.

8. It is Ordered, sentenced and decreed, that Wyndsor,
Hartford and Wethersfield shall haue power, ech Towne,
to send fower of their freemen as deputyes to euery Gen-
erall Courte ; and whatsoeuer other Townes shall be
hereafter added to this Jurisdiction, they shall send so
many deputyes as the Courte shall judge meete, a reson-
able proportion to the number of Freemen that are in the
said Townes being to be attended therein ; which depu-
tyes shall have the power of the whole Towne to giue
their voats and allowance to all such lawes and orders as
may be for the publike good, and unto which the said
Townes are to be bownd.

9. It is ordered and decreed, that the deputyes thus
chosen shall haue power and liberty to appoynt a tyme

OF A MERICAN HISTOR Y. 83

and a place of meeting togather before any Generall
Courte to aduise and consult of all such things as may
concerne the good of the publike, as also to examine
their owne Elections, whether according to the order, and
if they or the gretest parte of them find any election to
be illegall they may seclud such for present from their
meeting, and returne the same and their resons to the
Courte ; and if yt proue true, the Courte may fyne the
party or partyes so intruding and the Towne, if they see
cause, and giue out a warrant to goe to a newe election
in a legall way, either in parte or in whole. Also the
said deputyes shall haue power to fyne any that shall be
disorderly at their meetings, or for not coming in due
tyme or place according to appoyntment ; and they may
returne the said fynes into the Courte if yt be refused to
be paid, and the tresurer to take notice of yt, and to
estreete or levy the same as he doth other fynes.

10. It is Ordered, sentenced and decreed, that euery
Generall Courte, except such as through neglecte of the
Gouernor and the greatest parte of Magestrats the Free-
men themselves doe call, shall consist of the Gouernor,
or some one chosen to moderate the Court, and 4 other
Magestrats at lest, with the mayor parte of the deputyes
of the seuerall Townes legally chosen ; and in case the
Freemen or mayor parte of them through neglect or
refusall of the Gouernor and mayor parte of the mages-
trats, shall call a Courte, yt shall consist of the mayor
parte of Freemen that are present or their deputyes, with
a moderator chosen by them. In which said Generall
Courts shall consist the supreme power of the common-
welth, and they only shall haue power to make laws or
repeale them, to graunt leuyes, to admitt of Freemen,
dispose of lands vndisposed of, to seuerall Townes or
persons, and also shall haue power to call ether Courte
or Magestrate or any other person whatsoeuer into ques-
tion for any misdemeanour, and may for just causes dis-
place or deale otherwise according to the nature of the

84 DOCUMENTS ILL USTRA TIVE

offence ; and also may deale in any other matter that
concerns the good of this common welth, excepte elec-
tion of Magestrats, which shall be done by the whole
boddy of Freemen.

In which Courte the Gouernour or Moderator shall haue
power to order the Courte to giue liberty of speech, and
silence vnceasonable and disorderly speakeings, to put all
things to voate, and in case the vote be equall to haue
the casting voice. But non of these Courts shall be
adiorned or dissolued without the consent of the maior
parte of the Court.

ii. It is ordered, sentenced and decreed, that when any
Generall Courte vppon the occations of the commonwelth
haue agreed vppon any summe or sommes of mony to
be leuyed vppon the seuerall Townes within this Juris-
diction, that a Committee be chosen to sett out and
appoynt with shall be the proportion of euery Towne to
pay of the said leuy, provided the Committees be made
vp of an equall number out of each Towne.

14th January, 1638, the 1 1 Orders abouesaid are voted.

OF AMERICAN HISTORY. 85

THE NEW ENGLAND CONFEDERA-
TION.

Need of protection against the Dutch and In-
dians led to the formation of this league. The
first suggestion came from Connecticut as early as
1637 but the scheme did not assume definite shape
until 1643. The articles of confederation were
signed by commissioners from Massachusetts Bay,
Connecticut and New Haven, May 19, 1643, while
Plymouth gave her assent later, after submitting
the articles to the approval of the people. The
league under the official designation of " The
United Colonies of New England " embraced the
four colonies of Massachusetts Bay, Plymouth, Con-
necticut and New Haven, with a population of
24,000 in 39 towns. (Frothingham.) Rhode Island
was refused admission. " A great principle was at
the bottom of the confederation ; but, noble as
were the aims of those who handled it, they had
not yet attained to sufficient breadth of view to
apply it even to the whole of New England."
(Frothingham.)

The incorporation of New Haven with Connec-
ticut by the royal charter of 1662 destroyed the
balance of power in the confederation and " of the
brave confederacy of the Four Colonies only the

36 DOCUMENTS ILLUSTRATIVE

shadow of a great name was left." (Palfrey.) The
last meeting was held at Hartford Sept. 5, 1684.
It has been suggested at the idea of this union
was derived from the confederacy of the Low
Countries.

According to the Tory historian Chalmers, this
confederation " offers the first example of collition
in colonial story and showed to party leaders in
after times the advantages of concert."

Two copies of the acts of the commissioners of
the United Colonies are extant, the Connecticut
copy, quite complete, now at Hartford, and the
Plymouth, slightly incomplete, now at Massachu-
setts State House. These proceedings have been
printed from the Plymouth copy with additions
from the Connecticut copy, constituting vols. 9 and
10 of Records of the Plymouth Colony, and
the Plymouth copy is also printed in vol. 2 of
Hazard's Historical Collections.

A list of the various commissioners may be
found in Palfrey's Hist, of N. E., and a full list of
meetings is given in Frothingham's Rise, 63, note.

Consult Palfrey's Hist. New England, I., 623 ;
et seq. Bancroft's Hist. U. S., 1st ed. I., 420; cen.
ed. I., 340 ; last ed. I., 289 ; Hildretlis Hist. U. S.,
I, 285 ; Barry s Hist. Mass., 1st period, 318 \J. S.
Adams Historical Address, Mass. Hist. Soc. Coll.
3d series, vol. ix. Frothingham s Republic U. S.,
39; Bryant and Gay s Hist. U. S., II., 49; Chal-
mers Political Annals, 177.

OF AMERICAN HISTORY. 87

ARTICLES OF CONFEDERATION.

Betweene the plantations vnder the Gouernment of the
Massachusetts, the Plantacons vnder the Gouernment
of New Plymouth, the Plantacons vnder the Gouern
ment of Connectacutt, and the Gouernment of New-
Haven with the Plantacons in combinacon therewith.

Whereas wee all came into these parts of America
with one and the same end and ayme, namely, to ad-
vaunce the kingdome of our Lord Jesus Christ, and to
enjoy the liberties of the Gospell in puritie with peace.
And whereas in our settleinge (by a wise Providence of
God) we are further dispersed vpon the Sea Coasts and
Riuers then was at first intended, so that we cannot ac-
cording to our desire, with convenience communicate in
one Gouernment and Jurisdiccon. And whereas we live
encompassed with people of seuerall Nations and Strang
languages which heareafter may proue injurious to vs or
our posteritie. And forasmuch as the Natives have
formerly committed sondry insolences and outrages vpon
seueral Plantacons of the English and have of late com-
bined themselues against vs. And seing by reason of
those sad Distraccons in England, which they have
heard of, and by which they know we are hindred from
that humble way of seekinge advise or reapeing those
comfortable fruits of protection which at other tymes we
might well expecte. Wee therefore doe conceiue it our
bounden Dutye without delay to enter into a present
consotiation amongst our selues for mutual help and
strength in all our future concernements : That as in
Nation and Religion, so in other Respects we bee and
continue one according to the tenor and true meaninge
of the ensuing Articles : Wherefore it is fully agreed and
concluded by and betweene the parties or Jurisdiccons
aboue named, and they joyntly and seuerally doe by
these presents agreed and concluded that they all bee,

88 DOCUMENTS ILLUSTRATIVE

and henceforth bee called by the Name of the United
Colonies of New-England.

II. The said United Colonies, for themselues and
their posterities, do joyntly and seuerally, hereby enter
into a firme and perpetuall league of friendship and
amytie, for offence and defence, mutuall advise and suc-
cour, vpon all just occations, both for preserueing and
propagateing the truth and liberties of the Gospel, and
for their owne mutuall safety and wellfare.

III. It is futher agreed That the Plantacons which at
present are or hereafter shalbe settled within the lim-
metts of the Massachusetts, shalbe forever vnder the
Massachusetts, and shall have peculiar Jurisdiccon among
themselues in all cases as an entire Body, and that Ply-
mouth, Connecktacutt, and New Haven shall eich of
them haue like peculier Jurisdiccon and Gouernment
within their limmetts and in referrence to the Plantacons
which already are settled or shall hereafter be erected or
shall settle within their limmetts respectiuely ; prouided
that no other Jurisdiccon shall hereafter be taken in as a
distinct head or member of this Confederacon, nor shall
any other Plantacon or Jurisdiccon in present being and
not already in combynacon or vnder the Jurisdiccon of
any of these Confederats be received by any of them,
nor shall any two of the Confederats joyne in one Juris-
diccon without consent of the rest, which consent to be
interpreted as is expressed in the sixth Article ensuinge.

IV. It is by these Confederats agreed that the charge
of all just warrs, whether offensiue or defensiue, upon
what part or member of this Confederaccon soever they
fall, shall both in men and provisions, and all other Dis-
bursements, be borne by all the parts of this Confedera-
con, in different proporcons according to their different
abilitie, in manner following, namely, that the Commis-
sioners for eich Jurisdiccon from tyme to tyme, as there
shalbe occation, bring a true account and number of all
the males in every Plantacon, or any way belonging to.

OF AMERICAN HISTORY.

89

or under their seuerall Jurisdiccons, of what quality or
condicion soeuer they bee, from sixteene yeares old to
threescore, being Inhabitants there. And That according
to the different numbers which from tyme to tyme shal-
be found in eich Jurisdiccon, upon a true and just ac-
count, the service of men and all charges of the warr be
borne by the Poll: Eich Jurisdiccon, or Plantacon, being
left to their owne just course and custome of rating
themselues and people according to their different
estates, with due respects to their qualites and exemp-
tions among themselues, though the Confederacon take
no notice of any such priviledg : And that according to
their differrent charge of eich Jurisdiccon and Plantacon,
the whole advantage of the warr (if it please God to bless
their Endeavours) whether it be in lands, goods or per-
sons, shall be proportionably deuided among the said
Confederats.

V. It is further agreed That if any of these Jurisdic-
cons, or any Plantacons vnder it, or in any combynacon
with them be envaded by any enemie whomsoeuer, vpon
notice and request of any three majestrats of that Juris-
diccon so invaded, the rest of the Confederates, without
any further meeting or expostulacon, shall forthwith send
ayde to the Confederate in danger, but in different pro-
porcons ; namely, the Massachusetts an hundred men
sufficiently armed and provided for such a service and
jorney, and eich of the rest fourty-fiue so armed and pro-
vided, or any lesse number, if lesse be required, accord-
ing to this proporcon. But if such Confederate in
danger may be supplyed by their next Confederate, not
exceeding the number hereby agreed, they may craue
help there, and seeke no further for the present. The
charge to be borne as in this Article is exprest : And, at
the returne, to be victualled and supplyed with poder
and shott for their journey (if there be neede) by that
Jurisdiccon which employed or sent for them : But
none of the Jurisdiccons to exceed these numbers till by

90

DOCUMENTS ILLUSTRATIVE

a meeting of the Commissioners for this Confederacon a
greater ayd appeare necessary. And this proporcon to
continue, till upon knowledge of greater numbers in eich
Jurisdiccon which shalbe brought to the next meeting
some other proporcon be ordered. But in any such case
of sending men for present ayd whether before or after
such order or alteracon, it is agreed that at the meeting
of the Commissioners for this Confederacon, the cause
of such warr or invasion be duly considered : And if it
appeare that the fault lay in the parties so invaded, that
then that Jurisdiccon or Plantacon make just Satisfac-
con, both to the Invaders whom they have injured, and
beare all the charges of the warr themselves without re-
quiring any allowance from the rest of the Confederats
towards the same. And further, that if any Jurisdiccon
see any danger of any Invasion approaching, and there
be tyme for a meeting, that in such case three majestrats
of that Jurisdiccon may summon a meeting at such con-
venyent place as themselues shall think meete, to con-
sider and provide against the threatned danger, Provided
when they are met they may remoue to what place they
please, Onely whilst any of these foure Confederats have
but three majestrats in their Jurisdiccon, their request or
summons from any two of them shalbe accounted of
equall force with the three mentoned in both the clauses
of this Article, till there be an increase of majestrats
there.

VI. It is also agreed that for the mannaging and con-
cluding of all affairs proper and concerneing the whole
Confederacon, two Commissioners shalbe chosen by and
out of eich of these foure Jurisdiccons, namely, two for
the Mattachusetts, two for Plymouth, two for Connec-
tacutt and two for New Haven ; being all in Church fel-
lowship with us, which shall bring full power from their
seuerall generall Courts respectively to heare, examine,
weigh and determine all affaires of our warr or peace,
leagues, ayds, charges and numbers of men for warr, di-

OF AMERICAN HIS TOR Y. g r

vission of spoyles and whatsoever is gotten by conquest,
receiueing of more Confederats for plantacons into com-'
binacon with any of the Confederates, and all thinges of
like nature which are the proper concomitants or conse-
quence of such a confederacon, for amytie, offence and
defence, not intermeddleing with the gouernment of any
of the Jurisdiccons which by the third Article is preserued
entirely to themselves. But if these eight Commission-'
ers, when they meete, shall not all agree, yet it is con-
cluded that any six of the eight agreeing shall have power
to settle and determine the business in question : But
if six do not agree, that then such proposicons with their
reasons, so farr as they have beene debated, be sent and
referred to the foure generall Courts, vizt. the Matta-
chusetts, Plymouth, Connectacutt, and New Haven:
And if at all the said Generall Courts the businesse so
referred be concluded, then to bee prosecuted by the Con-
federates and all their members. It is further agreed
that these eight Commissioners shall meete once every
yeare, besides extraordinary meetings (according to the
fift Article) to consider, treate and conclude of all
affaires belonging to this Confederacon, which meeting
shall ever be the first Thursday in September. And that
the next meeting after the date of these presents, which
shalbe accounted the second meeting, shalbe at Bostone
in the Massachusetts, the third at Hartford, the fourth
at New Haven, the fift at Plymouth, the sixt and
seaventh at Bostone. And then Hartford, New Haven
and Plymouth, and so in course successiuely, if in the
meane tyme some middle place be not found out and
agreed on which may be commodious for all the juris-
diccons.

VII. It is further agreed that at eich meeting of these
eight Commissioners, whether ordinary or extraordinary,
they, or six of them agreeing, as before, may choose
their President out of themselues, whose office and
worke shalbe to take care and direct for order and a

92

DOCUMENTS ILLUSTRATIVE

comely carrying on of all proceedings in the present
meeting. But he shalbe invested with no such power
or respect as by which he shall hinder the propounding
or progresse of any businesse, or any way cast the Scales,
otherwise then in the precedent Article is agreed.

VIII. It is also agreed that the Commissioners for
this Confederacon hereafter at their meetings, whether
ordinary or extraordinary, as they may have commission
or opertunitie, do endeavoure to frame and establish
agreements and orders in generall cases of a civill nature
wherein all the plantacons are interested for preserving
peace among themselues, and preventing as much as may
bee all occations of warr or difference with others, as
about the free and speedy passage of Justice in every
Jurisdiccon, to all the Confederats equally as their owne,
receiving those that remoue from one plantacon to an-
other without due certefycats ; how all the Jurisdiccons
may carry it towards the Indians, that they neither grow
insolent nor be injured without due satisfaccion, lest
warr break in vpon the Confederates through such mis-
carryage. It is also agreed that if any servant runn away
from his master into any other of these confederated
Jurisdiccons, That in such Case, vpon the Certyficate of
one Majistrate in the Jurisdiccon out of which the said
servant fled, or upon other due proofe, the said servant
shalbe deliuered either to his Master or any other that
pursues and brings such Certificate or proofe. And that
vpon the escape of any prisoner whatsoever or fugitiue
for any criminal cause, whether breaking prison or get-
ting from the officer or otherwise escaping, upon the cer-
tificate of two Majistrats of the Jurisdiccon out of which
the escape is made that he was a prisoner or such an of-
fender at the tyme of the escape. The Majestrates or
some of them of that Jurisdiccon where for the present
the said prisoner or fugitive abideth shall forthwith
graunt such a warrant as the case will beare for the ap-
prehending of any such person, and the delivery of him

OF AMERICAN HISTORY.

93

into the hands of the officer or other person that pursues
him. And if there be help required for the safe returne-
ing of any such offender, then it shalbe graunted to him
that craves the same, he paying the charges thereof.

IX. And for that the just est warrs may be of danger-
ous consequence, espetially to the smaler plantacons in
these vnited Colonies, It is agreed that neither the Mas-
sachusetts, Plymouth, Connectacutt nor New-Haven,
nor any of the members of any of them shall at any
tyme hereafter begin, undertake, or engage themselues
or this Confederacon, or any part thereof in any warr
whatsoever (sudden exegents with the necessary conse-
quents thereof excepted) which are also to be moderated
as much as the case will permit) without the consent and
agreement of the forenamed eight Commissioners, or at
least six of them, as in the sixt Article is provided :
And that no charge be required of any of the Confed-
erats in case of a defensiue warr till the said Commis-
sioners haue mett and approued the justice of the warr,
and have agreed vpon the sum of money to be levyed,
which sum is then to be payd by the severall Confed-
erates in proporcon according to the fourth Article.

X. That in extraordinary occations when meetings
are summoned by three Majistrats of any Jurisdiccon, or
two as in the fift Article, If any of the Commissioners
come not, due warneing being given or sent, It is agreed
that foure of the Commissioners shall have power to di-
rect a warr which cannot be delayed and to send for due
proporcons of men out of eich Jurisdiccon, as well as six
might doe if all mett ; but not less than six shall deter-
mine the justice of the warr or allow the demanude of
bills of charges or cause any levies to be made for the
same.

XI. It is further agreed that if any of the Confeder-
ates shall hereafter break any of these present Articles,
or be any other wayes injurious to any one of thother
Jurisdiccons, such breach of Agreement, or injurie, shal

94

DOCUMENTS ILLUSTRATIVE

be duly considered and ordered by the Commissioners
for thother Jurisdiccons, that both peace and this pres-
ent Confederacon may be entirely preserued without
violation.

XII. Lastly, this perpetuall Confederacon and the sev-
eral Articles and Agreements thereof being read and
seriously considered, both by the Generall Court for the
Massachusetts, and by the Commissioners for Plymouth,
Connectacutt and New Haven, were fully allowed and
confirmed by three of the forenamed Confederates,
namely, the Massachusetts, Connectacutt and New-
Haven, Onely the Commissioners for Plymouth, having
no Commission to conclude, desired respite till they
might advise with their Generall Court, wherevpon it
was agreed and concluded by the said court of the Massa-
chusetts, and the Commissioners for the other two Con-
federates, That if Plymouth Consent, then the whole
treaty as it stands in these present articles is and shall
continue firme and stable without alteracon : But if Ply-
mouth come not in, yet the other three Confederates
doe by these presents confirme the whole Confederacon
and all the Articles thereof, onely, in September next,
when the second meeting of the Commissioners is to be
at Bostone, new consideracon may be taken of the sixt
Article, which concernes number of Commissioners for
meeting and concluding the affaires of this Confederacon
to the satisfaccon of the court of the Massachusetts, and
the Commissioners for thother two Confederates, but the
rest to stand vnquestioned.

In testymony whereof, the Generall Court of the Mas-
sachusetts by their Secretary, and the Commissioners
for Connectacutt and New-Haven haue subscribed these
presente articles, this xixth of the third month, com-
monly called May, Anno Domini, 1643.

At a Meeting of the Commissioners for the Confed-
eracon, held at Boston, the Seaventh of September. It
appeareing that the Generall Court of New Plymouth,

OF AMERICA AT HIS TOR Y. gc

and the severall Towneships thereof have read, consid-
ered and approoued these articles of Confederacon, as
appeareth by Comission from their Generall Court beare-
ing Date the xxixth of August, 1643, to Mr. Edward
Winslowe and Mr. Will Collyer, to ratifye and confirme
the same on their behalf, wee therefore, the Comission-
ers for the Mattachusetts, Conecktacutt and New
Haven, doe also for our seuerall Gouernments, subscribe
vnto them.

JOHN WINTHROP, governor of Massachusetts,
THO. DUDLEY, THEOPH. EATON,

GEO. FENWICK, EDWA. HOPKINS,

THOMAS GREGSON.

96

DOCUMENTS ILLUSTRATIVE

CHARTER OF CONNECTICUT— 1662.

On the accession of Chas. II. Connecticut ap-
pointed John Winthrop, one of the first settlers,
her agent to solicit from the king a royal charter.
His mission was successful and the patent was
sealed April 20, 1662. This charter was remark-
able for its liberality — " all that Massachusetts had
given displeasure by claiming for herself was now
expressly allowed to the new colony." (Palfrey.)
" It confirmed to the colonists the unqualified
power to govern themselves, which they had as-
sumed from the beginning. Nothing was changed
in their internal administration, nor in their rela-
tion to the crown." "The king, far from reserv-
ing a negative on their laws, did not even require
that they should be transmitted for his inspection ;
and no provision was made for the interference of
the English government in any event whatever.
Connecticut was independent except in name."
(Bancroft.)

In commenting on the charters of Connecticut
and R. I., the tory historian Chalmers remarks :
" Thus was established in R. I. and Ct. a mere
democracy, or rule of the people. Every power,
as well deliberative as active, was invested in the
freemen of the corporation or their delegates ; and
the supreme executive magistrate of the empire,
by an inattention which does little honour to the

OF AMERICAN HISTORY.

97

statesmen of those days, was wholly excluded."
During the administration of Sir Edmund Adros
the charter government was suspended, but on his
overthrow it was re-established and the charter
was not abrogated by a state constitution till
1818.

Consult Palfrey's N. E. II., 540; Chalmers'
Political Annals, 293 ; Bancroft's U. S., isted. II.,
54; Cen. ed. I., 421 ; lasted., I., 358 ; Hildreth's
U. S., I., 456 ; Bryant and Gay's U. S., II., 255.

CHARTER OF CONNECTICUT— 1662.

CHARLES the Second, by the Grace of GOD, King
of England, Scotland, France, and Ireland, Defender of
the Faith, etc. To all to whom these Presents shall
come, Greeting.

Whereas by the several Navigations, Discoveries, and
Success fid Plantations of divers of Our loving Subjects of
this Our Realm of England, several Lands, Islands, Places,
Colonies, and Plantations have been obtained and settled in
that Part of the Continent of America called New-Eng-
land, and thereby the Trade and Commerce there, hath been
of late Years much increased : And whereas We have
been informed by the humble Petition of our Trusty and Well
beloved John Winthrop, John Mason, Samuel Wyllys,
Henry Clarke, Matthew Allyn, John Tapping, Nathan
Gold, Richard Treat, Richard Lord, Henry Wolcott,.
John Talcott, Daniel Clarke, John Ogden, Thomas
Wells, Obadiah Bruen, John Clarke, Anthony Hawkins,
John Deming, and Matthew Camfield, being Persons
principally interested in Our Colony or Plantation of Con-
necticut, in New-England, that the same Colony, or the
greatest part thereof, was Purchased and obtained for
great and valuable Considerations, and some other Part
7

98 DOCUMENTS ILL USTRA TIVE

thereof gained by Conquest, and with much difficulty, and
at the only Endeavors, Expence, and Charges of them and
their Associates, and those under whom they Claim, Sub-
dued, and Improved, and thereby become a considerable
Enlargement and Addition of Onr Dominions and Interest
there. Now KNOW Ye, That in Consideration thereof,
and in Regard the said Colony is remote from other the
English Plantations in the Places aforesaid, and to the
End the Affairs and Business which shall from Time to
Time happen or arise concerning the same, may be duly
Ordered and Managed, we have thought fit, and at the
humble Petition of the Persons aforesaid, and are gra-
ciously Pleased to create and make them a Body Politick
and Corporate, with the Powers and Privileges herein
after mentioned ; and accordingly Our Will and Pleas-
ure is, and of our especial Grace, certain Knowledge,
and meer Motion, We have ordained, constituted and
declared, and by these Presents, for Us, Our Heirs and
Successors, Do ordain, constitute and declare, that they
the said John Winthrop, JoJin Mason, Samuel Wyllys,
Henry Clarke, Matthew Allyn, John Tapping, Nathan
Gold, Richard Treat, Richard Lord, Henry Wolcott,
John Talcott, Daniel Clarke, John Ogden, Thomas
Wells, Obadiah Bruen, John Clarke, Anthony Haw-
kins, John Deming, and Matthew Camfield, and all
such others as now are, or hereafter shall be admitted
and made Free of the Company and Society of Our Col-
ony of Connecticut, in America, shall from Time to Time,
and for ever hereafter, be One Body Corporate and Pol-
itick, in Fact and Name, by the Name of, Governor and
Company of the English Colony of Connecticut in New.
England, in America ; and that by the same Name they
and their Successors shall and may have perpetual Suc-
cession, and shall and may be Persons able and capable
in the Law, to plead and be impleaded, to answer and to
be answered unto, to defend and be defended in all and
singular Suits, Causes, Quarrels, Matters, actions, and

OF AMERICAN HISTORY.

99

Things, of what Kind or Nature soever; and also to
have, take, possess, acquire, and purchase Lands, Tene-
ments, or Hereditaments, or any Goods, or Chattels, and
the same to lease, grant, demise, alien, bargain, sell, and
dispose of, as other Our liege People of this Our Realm
of England, or any other Corporation or Body Politick
within the same may lawfully do. And further, That
the said Governor and Company, and their Successors,
shall and may forever hereafter have a common Seal, to
serve and use for all Causes, Matters, Things, and affairs
whatsoever, of them and their Successors, and the same
Seal, to alter, change, break, and make new from Time to
Time, at their Wills and Pleasures, as they shall think fit.
And further, We will and ordain, and by these Presents,
for us, our Heirs and Successors, do declare and appoint,
that for the better ordering and managing of the Affairs
and Business of the said Company and their Successors,
there shall be One Governor, One Deputy-Governor, and
Twelve Assistants, to be from time to Time constituted,
elected and chosen out of the Freemen of the said Com-
pany for the Time being, in such Manner and Form as
hereafter in these Presents is expressed, which said
Officers shall apply themselves to take Care for the best
disposing and ordering of the general Business and affairs
of and concerning the Land and Hereditaments herein
after mentioned to be granted, and the Plantation thereof,
and the Government of the People thereof : And for the
better Execution of Our Royal Pleasure herein, We do,
for Us, Our Heirs, and Successors, assign, name, consti-
tute and appoint the aforesaid John Winthrop to be the
first and present Governor of the said Company, and the
said John Mason, to be the Deputy-Governor, and the
said Samuel Wyllys, Matthew Ally n, Nathan Gold, Henry
Clarke, Richard Treat, John Ogden, John Tapping, John
Talcott, Thomas Wells, Henry Wolcott, Richard Lord, and
Daniel Clarke, to be the Twelve present assistants of the
said Company, to continue in the said several Offices re-

1 00 DOCUMENTS ILL USTRA TIVE

spectively, until the second Thursday which shall be in
the Month of October now next coming. And further
We Will, and by these Presents for Us, Our Heirs, and
Successors, Do ordain and grant, That the Governor of
the said Company for the Time being, or in his Absence
by occasion of Sickness, or otherwise by his Leave or
Permission, the Deputy-Governor for the Time being,
shall and may from Time to Time upon all Occasions,
give Order for the assembling of the said Company, and
calling them together to consult and advise of the Busi-
ness and Affairs of the said Company, and that for ever
hereafter, twice in every Year, That is to say, On every
Second Thursday in October, and on every Second Thurs-
day in May, or oftener in case it shall be requisite ; the
Assistants, and Freemen of the said Company, or such
of them (not exceeding Two Persons from each Place,
Town, or City) who shall be from Time to Time there-
unto elected or deputed by the major Part of the Free-
men of the respective Towns, Cities, and Places for which
they shall be elected or deputed, shall have a General
Meeting, or Assembly, then and there to consult and ad-
vise in and about the Affairs and Business of the said
Company : and that the Governor, or in his Absence the
Deputy-Governor of the said Company for the Time be-
ing, and such of the Assistants and Freemen of the said
Company as shall be so elected or deputed, and be pres-
ent at such Meeting or Assembly, or the greatest Num-
ber of them, whereof the Governor or Deputy-Gov-
ernor, and Six of the Assistants at least, to be Seven,
shall be called the General Assembly, and shall have
full Power and authority to alter and change their Days
and Times of Meeting, or General Assemblies, for elect-
ing the Governor, Deputy-Governor, and Assistants of
other Officers, or any other Courts, Assemblies or Meet-
ings, and to choose, nominate and appoint such and so
many other Persons as they shall think fit, and shall be
willing to accept the same, to be Free of the said Com-

OF AMERICAN H1ST0R Y. IO t

pany and Body Politick, and them into the same to admit;
And to elect and constitute such Officers as they shall
think fit and requisite for the ordering, managing and
disposing of the Affairs of the said Governor and Com-
pany, and their Successors : And we do hereby for Us,
Our Heirs and Successors, establish and ordain, That
once in the Year for ever hereafter, Namely, the said
Second Thursday in May, the Governor, Deputy-Gov-
ernor, and Assistants of the said Company, and other
Officers of the said Company, or such of them as the
said General Assembly shall think fit, shall be in the
said General Court and Assembly to be held from that
Day or Time, newly chosen for the Year ensuing, by such
greater Part of the said Company for the Time being,
then and there present ; and if the Governor, Deputy-
Governor, and Assistants by these Presents appointed, or
such as hereafter be newly chosen into their Rooms, or
any of them, or any other the Officers to be appointed for
the said Company shall die, or be removed from his or their
several Offices or Places before the said general Day of
Election, whom We do hereby declare for any Misde-
meanor or Default, to be removable by the Governor,
Assistants, and Company, or such greater Part of them in
any of the said public Courts to be assembled, as is afore-
said, that then and in every such Case, it shall and may
be lawful to and for the Governor, Deputy-Governor, and
Assistants, and Company aforesaid, or such greater Part
of them so to be assembled, as is aforesaid, in any of their
Assemblies, to proceed to a new Election of one or more
of their Company, in the Room or Place, Rooms or
Places of such Governor, Deputy-Governor, Assistant, or
other Officer or Officers so dying or removed, according
to their Discretions, and immediately upon and after
such Election or Elections made of such Governor, Dep-
uty-Governor, Assistant or Assistants, or any other Offi-
cer of the said Company, in Manner and Form aforesaid,
the Authority, Office and Power before given to the

1 02 DOCUMENTS ILL USTRA TIVE

former Governor, Deputy-Governor, or other Officer and
Officers so removed, in whose Stead and Place new shall
be chosen, shall as to him and them, and every of them
respectively, cease and determine. Provided also, And
Our Will and Pleasure is, That as well such as are by
these Presents appointed to be the present Governor,
Deputy-Governor, and Assistants of the said Company,
as those that shall succeed them, and all other Officers
to be appointed and chosen, as aforesaid, shall before
they undertake the Execution of their said Offices and
Places respectively, take their several and respective cor-
poral Oaths for the due and faithful Performance of their
Duties, in their several Offices and Places, before such
Person or Persons as are by these Presents hereafter ap-
pointed to take and receive the same ; That is to say.
The said John Winthrop, who is herein before nominated
and appointed the present Governor of the said Com-
pany, shall take the said Oath before One or more of the
Masters of Our Court of Chancery for the Time being,
unto which Master of Chancery, We do by these Pres-
ents give full Power and Authority to administer the
said Oath to the said John Winthrop accordingly : And
the said John Mason, who is herein before nominated and
appointed the present Deputy-Governor of the said
Company, shall take the said Oath before the said John
Winthrop, or any Two of the Assistants of the said Com-
pany, unto whom We do by these Presents give full
Power and Authority to administer the said Oath to the
said John Mason accordingly : And the said Samuel
Wyllys, Henry Clarke, Matthew Allyn, John Tapping, Na-
than Gold, Richard Treat, Richard Lord, Henry Wolcott,
John Talcott, Daniel Clarke, John Ogden, and Thomas
Wells, who are herein before nominated and appointed
the present Assistants of the said Company, shall take
the Oath before the said John Winthrop, and John Mason,
or One of them, to whom We do hereby give full Power
and Authority to administer the same accordingly.

OF AMERICAN HISTOR Y. l Q,

And Our further Will and Pleasure is, that all and every
Governor, or Deputy-Governor to be elected and chosen
by Virtue of these Presents, shall take the said Oath be-
fore Two or more of the Assistants of the said Company
for the Time being, unto whom We do by these Presents
give full Power and Authority to give and administer
the said Oath accordingly ; and the said Assistants, and
every of them, and all and every other Officer or Officers
to be hereafter chosen from Time to Time, to take the
said Oath before the Governor, or Deputy-Governor for
the Time being, unto which Governor, or Deputy-Gov-
ernor, We do by these Presents give full Power and Au-
thority to administer the same accordingly. And fur-
ther, Of Our more ample Grace, certain Knowledge, and
meer Motion, We have given and granted, and by these
presents for Us, Our Heirs and Successors, do give and
grant unto the said Governor and Company of the Eng-
lish Colony of Connecticut , in New England, in America,
and to every Inhabitant there, and to every Person and
Persons trading thither, and to every such Person and
Persons as are or shall be Free of the said Colony, full
Power and Authority from Time to Time, and at all
Times hereafter, to take, Ship, Transport and carry away
for and towards the Plantation and Defence of the said
Colony, such of Our loving Subjects and Strangers, as
shall or will willingly accompany them in, and to their
said Colony and Plantation, except such Person and Per-
sons as are or shall be therein restrained by Us, Our
Heirs and Successors ; and also to ship and transport all,
and all Manner of Goods, Chattels, Merchandises, and
other Things whatsoever that are or shall be useful or
necessary for the Inhabitants of the said Colony, and
may lawfully be transported thither; Nevertheless, not to
be discharged of Payment to Us, our Heirs and Suc-
cessors, of the Duties, Customs and Subsidies which are
or ought to be paid or payable for the same. And fur-
ther, Our Will and Pleasure is, and We do for Us, Our

104 DOCUMENTS ILLUSTRATIVE

Heirs and Successors, ordain, declare, and grant unto the
said Governor and Company, and their Successors, That
all and every the Subjects of Us, Our Heirs, or Suc-
cessors, which shall go to inhabit within the said Colony,
and every of their Children, which shall happen to be
born there, or on the Seas in going thither, or returning
from thence, shall have and enjoy all Liberties and Im-
munities of free and natural Subjects within any the
Dominions of Us, Our Heirs or Successors, to all Intents,
Constructions and Purposes whatsoever, as if they and
every of them were born within the realm of England ;
And We do authorize and impower the Governor, or in
his Absence the Deputy-Governor for the Time being,
to appoint Two or more of the said Assistants at any of
their Courts or Assemblies to be held as aforesaid, to
have Power and Authority to administer the Oath of
Supremacy and Obedience to all and every Person and
Persons which shall at any Time or Times hereafter go
or pass into the said Colony of Connecticut, unto which
said Assistants so to be appointed as aforesaid, We do
by these Presents give full Power and Authority to ad-
minister the said Oath accordingly. And We do fur-
ther of Our especial Grace, certain Knowledge, and meer
Motion, give, and grant unto the said Governor and
Company of the English Colony of Connecticut,
in New England, in America, and their Successors,
That it shall and may be lawful to and for the Gov-
ernor, or Deputy-Governor, and such of the Assist-
ants of the said Company for the Time being
as shall be assembled in any of the General Courts afore-
said, or in any Courts to be especially summoned or as-
sembled for that Purpose, or the greater part of them,
whereof the Governor, or Deputy-Governor, and Six of
the Assistants to be always Seven, to erect and make
such Judicatories, for the hearing, and determining of
all Actions, Causes, Matters, and Things happening
within the said Colony, or Plantation, and which shall be

OF AMERICAN HISTORY.

I05

in Dispute, and Depending there, as they shall think Fit,
and Convenient, and also from Time to Time to Make,
Ordain, and Establish all manner of wholesome, and
reasonable Laws, Statutes, Ordinances, Directions, and
Instructions, not Contrary to the Laws of this Realm of
England, as well for settling the Forms, and Ceremonies
of Government, and Magistracy, fit and necessary for the
said Plantation, and the Inhabitants there, as for Nam-
ing, and Stiling all Sorts of Officers, both Superior and
Inferior, which they shall find Needful for the Govern-
ment, and Plantation of the said Colony, and the dis-
tinguishing and setting forth of the several Duties, Pow-
ers, and Limits of every such Office and Place, and the
Forms of such Oaths not being contrary to the Laws and
Statutes of this Our Realm of England, to be adminis-
tered for the Execution of the said several Offices and
Places as also for the disposing and ordering of the Elec-
tion of such of the said Officers as are to be annually
chosen, and of such others as shall succeed in case of
Death or Removal, and administering the said Oath to
the newly-elected Officers, and granting necessary Com-
missions, and for Imposition of lawful Fines, Mulcts,
Imprisonment or other Punishment upon Offenders and
Delinquents according to the Course of other Corpora-
tions within this our Kingdom of England, and the same
Laws, Fines, Mulcts and Executions, to alter, change,
revoke, annul, release, or pardon under their Common
Seal, as by the said General Assembly, or the major Part
of them shall be thought fit, and for the directing, ruling
and disposing of all other Matters and things, whereby
Our said People, Inhabitants there, may be so religiously,
peaceably and civilly governed, as their good Life and
orderly Conversation may win and invite the Natives of
the Country to the Knowledge and Obedience of the only
true GOD, and the Saviour of Mankind, and the Chris-
tian Faith, which in Our Royal Intentions, and the ad-
venturers free Possession, is the only and principal End

1 06 DOCUMENTS ILL USTKA TIVE

of this Plantation ; willing, commanding and requiring,
and by these Presents for Us, Our Heirs and Successors,
ordaining and appointing, that all such Laws, Statutes
and Ordinances, Instructions, Impositions, and Direc-
tions as shall be so made by the Governor, Deputy-Gov-
ernor, and Assistants as aforesaid, and published in
Writing under their Common Seal, shall carefully
and duly be observed, kept, performed, and put in
Execution, according to the true Intent and Mean-
ing of the same, and these Our Letters Patents
or the Duplicate, or Exemplification thereof, shall be to
all and every such Officers, Superiors and Inferiors from
Time to Time, for the putting of the same Orders,
Laws, Statutes, Ordinances, Instructions, and Directions
in due Execution, against Us, Our Heirs and Successors,
a sufficient Warrant and Discharge. And We do
further for Us, Our Heirs and Successors, give and
grant into the said Governor and Company, and their
Successors, by these Presents, That it shall and may be
lawful to, and for the Chief Commanders, Governors and
Officers of the said Company for the Time being, who
shall be resident in the Parts of New-England hereafter
mentioned, and others inhabiting there, by their Leave,
Admittance, Appointment, or Direction, from Time to
Time, and at all Times hereafter, for their special De-
fence and Safety, to Assemble, Martial-Array, and put
in warlike Posture the Inhabitants of the said Colony,
and to Commissionate, Impower, and Authorize such
Person or Persons as they shall think fit, to lead and
conduct the said Inhabitants, and to encounter, expulse,
repel and resist by Force of Arms, as well by Sea as by
Land, and also to kill, slay, and destroy by all fitting
Ways, Enterprises, and Means whatsoever, all and every
such Person or Persons as shall at any Time hereafter
attempt or enterprize the Destruction, Invasion, Det-
riment, or Annoyance of the said Inhabitants or Plan-
tation, and to use and exercise the Law Martial in such

OF AMERICAN HISTORY.

I07

Cases only as Occasion shall require ; and to take or
surprize by all Ways and Means whatsoever, all and
every such Person and Persons, with their Ships, Ar-
mour, Ammunition and other Goods of such as shall in
such hostile Manner invade or attempt the defeating of
the said Plantation, or the hurt of the said Company
and Inhabitants, and upon just Causes to invade and
destroy the Natives, or other Enemies of the said Colony.
Nevertheless, Our Will and Pleasure is, and We do
hereby declare unto all Christian Kings, Princes, and
States, that if any Persons which shall hereafter be of
the said Company or Plantation, or any other by Ap-
pointment of the said Governor and Company for the
Time being, shall at any Time or Times hereafter rob
or spoil by Sea or by Land, and do any Hurt, Violence
or unlawful Hostility to any of the Subjects of Us, Our
Heirs or Successors, or any of the Subjects of any Prince
or State, being then in League with Us, Our Heirs or
Successors, upon Complaint of such Injury done to any
such Prince or State, or their Subjects, We, Our Heirs
and Successors will make open Proclamation within any
Parts of Our Realm of England fit for that Purpose, that
the Person or Persons committing any such Robbery or
Spoil, shall within the Time limited by such Proclama-
tion, make full Restitution or Satisfaction of all such
Injuries done or committed, so as the said Prince, or
others so complaining may be fully satisfied and con-
tented ; and if the said Person or Persons who shall
commit any such Robbery or Spoil shall not make Satis-
faction accordingly, within such Time so to be limited,
that then it shall and may be lawful for Us, Our Heirs
and Successors, to put such Person or Persons out of
Our Allegiance and Protection ; and that it shall and
may be lawful and free for alL Princes or others to prose-
cute with Hostility such Offenders, and every of them,
their, and every of their Procurors, Aiders, Abettors
and Counsellors in that Behalf. Provided also, and Our
express Will and Pleasure is, and We do by these Pres-

1 08 DOCUMENTS ILL USTRA TIVE

ents, for Us, Our Heirs, and Successors, Ordain and
Appoint, that these Presents shall not in any Manner
hinder any of Our loving Subjects whatsoever to use
and exercise the Trade of Fishing upon the Coast of
Nctv- England 'in America, but they and every or any of
them shall have full and free Power and Liberty, to
continue, and use the said Trade of Fishing upon the
said Coast, in any of the Seas thereunto adjoining, or
any Arms of the Seas, or Salt Water Rivers where they
have been accustomed to fish, and to build and set up on
the waste Land belonging to the said Colony of Connec-
ticut, such Wharves, Stages, and Work-Houses as shall
be necessary for the salting, drying, and keeping of
their Fish to be taken, or gotten upon that Coast,
any Thing in these Presents contained to the contrary
notwithstanding. And Know Ye further, That We, of
Our abundant Grace, certain Knowledge, and mere
Motion, have given, granted, and confirmed, and by
these Presents for Us, our Heirs and Successors, do
give, grant and confirm unto the said Governor and
Company, and their Successors, all that Part of Our
Dominions in New-England in America, bounded on the
East by Narragansct-Rivcr , commonly called Narragan-
set-Bay, where the said River falleth into the Sea ; and
on the North by the Line of the Massachusetts Planta-
tion ; and on the South by the Sea ; and in Longitude
as the Line of the Massachusetts Colony, running from
East to West, That is to say, From the said Narraganset-
Bay on the East, to the South Sea on the West Part,
with the Islands thereunto adjoining, together with all
firm Lands, Soils, Grounds, Havens, Ports, Rivers,
Waters, Fishings, Mines, Minerals, precious Stones,
Quarries, and all and singular other Commodities, Juris-
dictions, Royalties, Privileges, Franchises, Prehemin-
ences, and Hereditaments whatsoever, within the said
Tract, Bounds, Lands, and Islands, aforesaid, or to them
or any of them belonging. To have and to hold the same
unto the said Governor and Company, their Successors

OF AMERICAN HISTORY

IO9

and Assigns for ever, upon Trust, and for the Use and
Benefit of Themselves and their Associates, Freemen of
the said Colony, their Heirs and Assigns, to be holden
of Us, Our Heirs and Successors, as of Our Manor of
East-Greenwich, in free and common Soccage, and not
in Capite, nor by Knights Service, yielding and paying
therefore to Us, Our Heirs and Successors, only the
Fifth Part of all the Ore of Gold and Silver which from
Time to Time, and at all times hereafter, shall be there
gotten, had, or obtained, in Lieu of all Services, Duties,
and Demands whatsoever, to be to Us, our Heirs, or
Successors therefore, or thereout rendered, made, or
paid. And lastly, We do for Us, our Heirs and Succes-
sors, grant to the said Governor and Company, and their
Successors, by these Presents, That these Our Letters
Patents, shall be firm, good and effectual in the Law,
to all Intents, Constructions, and Purposes whatsoever,
according to Our true Intent and Meaning herein be-
fore declared, as shall be construed, reputed and ad-
judged most favourable on the Behalf, and for the best
Benefit, and Behoof of the said Governor and Company,
and their Successors, although express Mention of the
true Yearly Value or Certainty of the Premises, or of any
of them, or of any other Gifts or Grants by Us, or by any
of Our Progenitors, or Predecessors, heretofore made to
the said Governor and C ompany of the English Colony
of Connecticut, in New-England, in America, aforesaid, in
these Presents is not made, or any Statute, Act, Or-
dinance, Provision, Proclamation, or Restriction hereto-
fore had, made, enacted, ordained, or provided, or any
other Matter, Cause, or Thing whatsoever, to the con-
trary thereof, in any wise notwithstanding. In Witness
whereof, We have caused these Our Letters to be made
Patents. Witness Ourself at Westminster, the Three
and Twentieth Day of April, in the Fourteenth Year of
our Reign.

By Writ of Privy Seal,

HOWARD.

I IO

DOCUMENTS ILLUSTRATIVE

CHARTER OF RHODE ISLAND— 1663.

In 1644 Roger Williams obtained from the
colonial commissioners of the Long Parliament a
patent uniting the three colonies or towns of
Providence, Portsmouth artd Newport under the
style of the " Incorporation of Providence Plan-
tations in Narraganset Bay in New England."
Under this charter the three towns and Warwick
formed a general government in 1647.

Rhode Island, shut out by her neighbors from
the New England Confederacy, was on this ac-
count favored the more by the crown, so that
when John Winthrop obtained a charter for
Connecticut, John Clarke the agent of Rhode
Island readily obtained the like for Rhode Island.
This charter was marked by the same liberality as
the Connecticut Charter, but passes beyond it in
ouaranteeing- religious freedom.

" This charter of government constituting, as it
then seemed, a pure democracy, and establishing
a political system which few besides the Rhode
Islanders themselves believed to be practical, re-
mained in existence till it became the oldest con-
stitutional charter in the world." (Bancroft.)

It was not till 1842 after the so-called Dorr
WTar that this charter gave place to a more pop-
ular constitution, which is still in force.

Consult Palfrey's New England, II., 562 ; Ar-

OF AMERICAN HIS TOR Y. m

nold's Hist. Rhode Island, I., 290; Greene's Short
Hist. Rhode Island, 40; Bancroft's Hist. U. S.,
1st ed. II., 61; cen. ed., I., 427; last ed., I., 363;
Hildreth's Hist. U. S., I., 456 ; Bryant and Gay's
Hist. U. S., II., 112.

THE CHARTER OF RHODE ISLAND.

CHARLES the Second, by the Grace of God, King of
England, Scotland, France and Ireland, Defender of the
Faith, etc., to all to whom these presents shall come,
greeting : Whereas, we have been informed, by the hum-
ble petition of our trusty and well-beloved subject, John
Clarke, on the behalf of Benjamin Arnold, William
Brenton, William Codington, Nicholas Easton, William
Boulston, John Porter, John Smith, Samuel Gorton,
John Weeks, Roger Williams, Thomas Olney, Gregory
Dexter, John Coggeshall, Joseph Clarke, Randall Hol-
den, John Greene, John Roome, Samuel Wildbore,
William Field, James Barker, Richard Tew, Thomas
Harris, and William Dyre, and the rest of the purchasers
and free inhabitants of our island, called Rhode Island,
and the rest of the colony of Providence Plantations, in
the Narragansett Bay, in New England, in America, that
they, pursuing, with peaceable and loyal minds, their
sober, serious, and religious intentions, of godly edifying
themselves, and one another, in the holy Christian faith
and worship, as they were persuaded ; together with the
gaining over and conversion of the poor ignorant Indian
natives, in those parts of America, to the sincere pro-
fession and obedience of the same faith and worship, did
not only by the consent and good encouragement of our
royal progenitors, transport themselves out of this king-
dom of England into America, but also, since their
arrival there, after their first settlement amongst other
our subjects in those parts, for the avoiding of discord,

112 DO CUMENTS ILL USTRA Tl VE

and those many evils which were likely to ensue upon
some of those our subjects not being able to bear, in
these remote parts, their different apprehensions in relig-
ious concernments, and in pursuance of the aforesaid
ends, did once again leave their desirable stations and
habitations, and with excessive labor and travel, hazard
and charge, did transplant themselves into the midst of
the Indian natives, who, as we are informed, are the
most potent princes and people of all that country ;
where, by the good Providence of God, from whom the
Plantations have taken their name, upon their labor and
industry, they have not only been preserved to admira-
tion, but have increased and prospered, and are seized
and possessed by purchase and consent of the said na-
tives, to their full content of such lands, islands, rivers,
harbors and roads, as are very convenient, both for plan-
tations, and also for building of ships, supply of pipe-
staves, and other merchandize ; and which lie very com-
modious, in many respects, for commerce, and to accom-
modate our southern plantations, and may much advance
the trade of this our realm, and greatly enlarge the terri-
tories thereof ; they having, by near neighborhood to
and friendly society with the great body of the Narra-
gansett Indians, given them encouragement, of their own
accord, to subject themselves, their people and lands,
unto us ; whereby, as is hoped, there may, in time, by
the blessing of God upon their endeavors be laid a sure
foundation of happiness to all America : And whereas,
in their humble address, they have freely declared, that
it is much on their hearts (if they may be permitted) to
hold forth a lively experiment, that a most flourishing
civil State may stand and best be maintained, and that
among our English subjects, with a full liberty in relig-
ious concernments ; and that true piety rightly grounded
upon gospel principles, will give the best and greatest
security to sovereignty, and will lay in the hearts of men
the strongest obligations to true loyalty : Now, know yer

OF AMERICAN HISTORY.

113

that we, being willing to encourage the hopeful under-
taking of our said loyal and loving subjects, and to se-
cure them in the free exercise and enjoyment of all their
civil and religious rights, appertaining to them, as our
loving subjects ; and to preserve unto them that liberty,
in the true Christian faith and worship of God which they
have sought with so much travail, and with peaceable
minds, and loyal subjection to our royal progenitors and
ourselves, to enjoy; and because some of the people and
inhabitants of the same colony cannot, in their private
opinions, conform to the public exercise of religion, ac-
cording to the liturgy, forms and ceremonies of the
Church of England, or take or subscribe the oaths and
articles made and established in that behalf ; and for
that the same, by reason of the remote distances of
those places, will (as we hope) be no breach of the unity
and uniformity established in this nation : Have there-
fore thought fit, and do hereby publish, grant, ordain
and declare, That our royal will and pleasure is, that no
person within the said colony, at any time hereafter,
shall be any wise molested, punished, disquieted, or called
in question, for any differences in opinion in matters of
religion, and do not actually disturb the civil peace of
our said colony ; but that all and every person and per-
sons may, from time to time, and at all times hereafter,
freely and fully have and enjoy his and their own judg-
ments and consciences, in matters of religious concern-
ments, throughout the tract of land hereafter mentioned,
they behaving themselves peaceably and quietly, and not
using this liberty to licentiousness and profaneness, nor
to the civil injury or outward disturbance of others, any
law, statute, or clause therein contained, or to be con-
tained, usage or custom of this realm, to the contrary
hereof, in any wise, notwithstanding. And that they
may be in the better capacity to defend themselves, in
their just rights and liberties, against all the enemies
of the Christian faith, and others, in all respects, we have

114

DOCUMENTS ILLUSTRATIVE

further thought fit, and at the humble petition of the per-
sons aforesaid are graciously pleased to declare, That
they shall have and enjoy the benefit of our late act of
indemnity and free pardon, as the rest of our subjects in
other our dominions and territories have; and to create
and make them a body politic or corporate, with the
powers and privileges hereinafter mentioned. And ac-
cordingly our will and pleasure is, and of our especial
grace, certain knowledge, and mere motion, we have or-
dained, constituted and declared, and by these presents,
for us, our heirs and successors, do ordain, constitute
and declare, That they, the said William Brenton, Will-
iam Codington, Nicholas Easton, Benedict Arnold, Will-
iam Boulston, John Porter, Samuel Gorton, John Smith,
John Weeks, Roger Williams, Thomas Olney, Greg-
ory Dexter, John Coggeshall, Joseph Clarke, Randall
Holden, John Greene, John Roome, William Dyre, Sam-
uel Wildbore, Richard Tew, William Field, Thomas

Harris, James Barker, Rainsborrow, Williams,

and John Nickson and all such others as now are, or here-
after shall be, admitted and made free of the company
and society of our colony of Providence Plantations, in
the Narragansett Bay, in New England, shall be, from
time to time, and forever hereafter, a body corporate
and politic, in fact and name, by the name of the Gov-
ernor and Company of the English Colony of Rhode-Isl-
and and Providence Plantations, in New England, in
America ; and that, by the same name, they and their
successors shall and may have perpetual succession, and
shall and may in all and singular suits, causes, quarrels,
matters, actions and things, of what kind or nature so-
ever; and also to have, take, possess, acquire, and be
persons able and capable, in the law, to sue and be sued,
to plead and be impleaded, to answer, and be answered
unto, to defend and to be defended, purchase lands,
tenements or hereditaments, or any goods or chattels,
and the same to lease, grant, demise, aliene, bargain, sell

OF AMERICAN HISTORY.

H5

and dispose of, at their own will and pleasure, as other
our liege people of this our realm of England, or any
corporation or body politic, within the same, may law-
fully do. And further, that they the said Governor and
Company, and their successors, shall and may, forever
hereafter, have a common seal, to serve and use for all
matters, causes, things and affairs, whatsoever, of them,
and their successors ; and the same seal to alter, change,
break, and make new, from time to time, at their will
and pleasure, as they shall think fit. And further, we
will and ordain, and by these presents, for us, our heirs,
and successors, do declare and appoint that, for the bet-
ter ordering and managing of the affairs and business of
the said Company, and their successors, there shall be
one Governor, one Deputy-Governor and ten Assistants,
to be from time to time, constitued, elected and chosen,
out of the freemen of the said Company, for the time
being, in such manner and form as is hereafter in these
presents expressed, which said officers shall apply them-
selves to take care for the best disposing and ordering
•of the general business and affairs of and concerning
the lands, and hereditaments hereinafter mentioned to
be granted, and the plantation thereof, and the govern-
ment of the people there. And, for the better execution
of our royal pleasure herein, we do, for us, our heirs and
successors, assign, name, constitute, and appoint the
aforesaid Benedict Arnold to be the first and present
Governor of the said Company, and the said William
Brenton to be the Deputy-Governor, and the said Will-
iam Boulston, John Porter, Roger Williams, Thomas
Olney, John Smith, John Greene, John Coggeshall,
James Barker, William Field, and Joseph Clarke, to be
the ten present Assistants of the said Company, to con-
tinue in the said several offices, respectively, until the
first Wednesday which shall be in the month of May
now next coming. And further, we will, and by these
presents, for us, our heirs and successors, do ordain and

I 1 6 DOCUMENTS ILL USTKA TIVE

grant that the Governor of the said Company, for the
time being, or, in his absence, by occasion of sickness, or
otherwise, by his leave and permission, the Deputy-Gov-
ernor, for the time being, shall and may, from time to
time, upon all occasions, give order for the assembling of
the said Company, and calling them together, to con-
sult and advise of the business and affairs of the said
Company. And that forever hereafter, twice in every
year, that is to say, on every first Wednesday in the
month of May, and on every last Wednesday in October,
or oftener, in case it shall be requisite, the Assistants and
such of the freemen of the said Company, not exceeding
six persons for Newport, four persons for each of the
respective towns of Providence, Portsmouth and War-
wick, and two persons for each other place, town or city,
who shall be, from time to time, thereunto elected or
deputed by the major part of the freemen of the respect-
ive towns or places for which they shall be so elected
or deputed, shall have a general meeting or assembly,
then and there to consult, advise and determine, in and
about the affairs and business of the said Company and
Plantations. And, further, we do, of our especial grace,
certain knowledge, and mere motion, give and grant unto
the said Governor and Company of the English colony
of' Rhode-Island and Providence Plantations, in New
England, in America, and their successors, that the Gov-
ernor, or, in his absence, or, by his permission, the Dep-
uty-Governor of the said Company, for the time being,
the Assistants, and such of the freemen of the said Com-
pany as shall be so as aforesaid elected or deputed, or
so many of them as shall be present at such meeting or
assembly, as aforesaid, shall be called the General As-
sembly; and that they, or the greatest part of them
present, whereof the Governor or Deputy-Governor, and
six of the Assistants, at least to be seven, shall have,
and have hereby given and granted unto them, full
power and authority, from time to time, and at all times

OF AMERICAN HISTORY.

117

hereafter, to appoint, alter and change such days, times
and places of meeting and General Assembly, as they
shall think fit; and to choose, nominate and appoint,
such and so many other persons as they shall think fit,
and shall be willing to accept the same, to be free of the
said Company and body politic, and them into the
same to admit ; and to elect and constitute such offices
and officers, and to grant such needful commissions, as
they shall think fit and requisite, for the ordering, man-
aging and dispatching of the affairs of the said Governor
and Company, and their successors , and from time to
time, to make, ordain, constitute or repeal, such laws,
statutes, orders and ordinances, forms and ceremonies of
government and magistracy, as to them shall seem meet,
for the good and welfare of the said Company, and for
the government and ordering of the lands and heredita-
ments hereinafter mentioned to be granted, and of the
people that do, or at any time hereafter shall, inhabit or
be within the same ; so as such laws, ordinances and con-
stitutions, so made, be not contrary and repugnant unto,
but as near as may be, agreeable to the laws of this our
realm of England, considering the nature and constitution
of the place and people there ; and also to appoint, order
and direct, erect and settle, suoh places and courts of juris-
diction, for the hearing and determining of all actions,
cases, matters and things, happening within the said col-
ony and plantation, and which shall be in dispute, and
depending there, as they shall think fit ; and also to dis-
tinguish and set forth the several names and titles, du-
ties, powers and limits, of each court, office and officer,
superior and inferior ; and also to contrive and appoint
such forms of oaths and attestations, not repugnant, but
as near as may be agreeable, as aforesaid, to the laws and
statutes of this our realm, as are convenient and requisite,
with respect to the due administration of justice, and due
execution and discharge of all offices and places of trust
by the persons that shall be therein concerned ; and also

1 1 8 DOCUMENTS ILL USTRA TIVE

to regulate and order the way and manner of all elec-
tions to offices and places of trust, and to prescribe,
limit and distinguish the numbers and bounds of all
places, towns or cities, within the limits and bounds
hereinafter mentioned, and not herein particularly-
named, who have, or shall have, the power of electing
and sending of freemen to the said General Assembly ;
and also to order, direct and authorize the imposing of
lawful and reasonable fines, mulcts, imprisonments, and
executing other punishments, pecuniary and corporal,
upon offenders and delinquents, according to the course
of other corporations within this our kingdom of Eng-
land ; and again to alter, revoke, annul or pardon, under
their common seal, or otherwise, such fines, mulcts, impris-
onments, sentences, judgments and condemnations, as
shall be thought fit ; and to direct rule, order and dispose
of, all other matters and things, and particularly that which
relates to the making of purchases of the native Indians,
as to them shall seem meet ; whereby our said people
and inhabitants in the said Plantation, may be so relig-
iously, peaceably and civilly governed, as that by their
good life and orderly conversation, they may win and
invite the native Indians of the country to the knowledge
and obedience of the only true God and Saviour of man-
kind ; willing, commanding and requiring, and by these
presents, for us, our heirs and successors, ordaining and
appointing, that all such laws, statutes, orders and ordi-
nances, instructions, impositions and directions, as shall
be so made by the Governor, Deputy-Governor, Assist-
ants and freemen, or such number of them as aforesaid,
and published in writing, under their common seal shall
be carefully and duly observed, kept, performed and put
in execution, according to the true intent and meaning of
the same. And these our letters patent, or the duplicate
or exemplification thereof, shall be to all and every such
officer, superior or inferior, from time to time, for the
putting of the same orders, laws, statutes, ordinances,.

OF AMERICA N HIS TOR V. ug

instructions and directions, in due execution, against us,
our heirs and successors, a sufficient warrant and dis-
charge. And further, our will and pleasure is, and we
do hereby, for us, our heirs and successors, establish and
ordain, that, yearly, once in the year, forever hereafter,
namely, the aforesaid Wednesday in May, and at the
town of Newport, or elsewhere, if urgent occasion do re-
quire, the Governor, Deputy-Governor and Assistants of
the said Company, and other officers of the said Com-
pany, or such of them as the General Assembly shall
think fit, shall be, in the said General Court or Assembly
to be held from that day or time, newly chosen for the
year ensuing, by such greater part of the said Company,
for the time being, as shall be then and there present ;
and if it shall happen that the present Governor, Deputy-
Governor and Assistants, by these presents appointed, or
any such as shall hereafter be newly chosen into their
rooms, or any of them, or any other the officers of the
said Company, shall die or be removed from his or their
several offices or places, before the said general day of
election, (whom we do hereby declare, for any misde-
meanor or default, to be removable by the Governor,
Assistants and Company, or such greater part of them, in
any of the said public courts, to be assembled as afore-
said,) that then, and in every such case, it shall and may be
lawful to and for the said Governor, Deputy Governor,
Assistants and Company aforesaid, or such greater part
of them, so to be assembled as is aforesaid, in any their
assemblies, to proceed to a new election of one or more
of their Company, in the room or place, rooms or places,
of such officer or officers, so dying or removed, according
to their discretions; and immediately upon and after
such election or elections made of such Governor, Dep-
uty-Governor, Assistant or Assistants, or any other
officer of the said Company, in manner and form afore-
said, the authority, office and power, before given to the
former Governor, Deputy-Governor, and other officer and

1 20 DOCUMENTS ILL USTRA TIVE

officers, so removed, in whose stead and place new shall
be chosen, shall, as to him and them, and every of them,
respectively, cease and determine : Provided akvays, and
our will and pleasure is, that as well such as are by these
presents appointed to be the present Governor, Deputy-
Governor and Assistants of the said Company, as those
that shall succeed them, and all other officers to be
appointed and chosen as aforesaid, shall, before the
undertaking, the execution of the said offices and places
respectively, give their solemn engagement, by oath, or
otherwise, for the due and faithful performance of their
duties in their several offices and places, before such
person or persons as are by these presents hereafter
appointed to take and receive the same, that is to say :
the said Benedict Arnold, who is hereinbefore nominated
and appointed the present Governor of the said Company,
shall give the aforesaid engagement before William
Brenton, or any two of the said Assistants of the said
Company ; unto whom we do by these presents give full
power and authority to require and receive the same ;
and the said William Brenton, who is hereby before nom-
inated and appointed the present Deputy-Governor of
the said Company, shall give the aforesaid engagement
before the said Benedict Arnold, or any two of the Assist-
ants of the said Company ; unto whom we do by these
presents give full power and authority to require and
receive the same ; and the said William Boulston, John
Porter, Roger Williams, Thomas Olney, John Smith,
John Greene, John Coggeshall, James Barker, William
Field, and Joseph Clarke, who are herein before nomi-
nated and appointed the present Assistants of the said
Company, shall give the said engagement to their offices
and places respectively belonging, before the said Bene-
dict Arnold and William Brenton, or one of them ; to
whom respectively we do hereby give full power and
authority to require, administer or receive the same : and
further, our will and pleasure is, that all and every other

OF AMERICAN HISTOR Y. l2\

future Governor or Deputy-Governor, to be elected and
chosen by virtue of these presents, shall give the said
engagement before two or more of the said Assistants of
the said Company for the time being ; unto whom we do
by these presents give full power and authority to re-
quire, administer or receive the same ; and the said Assist-
ants, and every of them, and all and every other officer
or officers to be hereafter elected and chosen by virtue
of these presents, from time to time, shall give the like
engagements, to their offices and places respectively
belonging, before the Governor or Deputy-Governor for
the time being ; unto which said Governor, or Deputy-
Governor, we do by these presents give full power and
authority to require, administer or receive the same
accordingly. And we do likewise, for us, our heirs and
successors, give and grant unto the said Governor and
Company, and their successors, by these presents, that,
for the more peaceable and orderly government of the
said Plantations, it shall and may be lawful for the Gov-
ernor, Deputy-Governor, Assistants and all other officers
and ministers of the said Company, in the administration
of justice, and exercise of government, in the said Plan-
tations, to use, exercise, and put in execution, such
methods, rules, orders and directions, not being contrary
or repugnant to the laws and statutes of this our realm,
as have been heretofore given, used and accustomed, in
such cases respectively, to be put in practice, until at the
next or some other General Assembly, special provision
shall be made and ordained in the cases aforesaid. And
we do further, for us, our heirs and successors, give and
grant unto the said Governor and Company, and their
successors, by these presents, that it shall and may be
lawful to and for the said Governor, or, in his absence,
the Deputy-Governor, and major part of the said Assist-
ants, for the time being, at any time when the said Gen-
eral Assembly is not sitting, to nominate, appoint and
constitute, such and so many commanders, governors and

j 2 2 D OCUMENTS ILL US TRA Tl VE

military officers, as to them shall seem requisite, for the
leading, conducting and training up the inhabitants of
the said Plantations in martial affairs, and for the defence
and safeguard of the said Plantations : and that it shall
and may be lawful to and for all and every such com-
mander, governor and military officer, that shall be so as
aforesaid, or by the Governor, or in his absence, the
Deputy-Governor, and six of the said Assistants, and
major part of the freemen of the said Company present
at any General Assemblies, nominated, appointed and
constituted, according to the tenor of his and their
respective commissions and directions to assemble, exer-
cise in arms, martial array, and put in warlike posture,
the inhabitants of the said colony, for their special
defence and safety; and to lead and conduct the said
inhabitants, and to encounter, expulse, expel and resist,
by force of arms, as well by sea as by land, and also to
kill, slay and destroy, by all fitting ways, enterprizes and
means, whatsoever, all and every such person or persons
as shall, at any time hereafter, attempt or enterprize the
destruction, invasion, detriment, or annoyance of the said
inhabitants or Plantations ; and to use and exercise the
law martial in such cases only as occasion shall neces-
sarily require ; and to take or surprise, by all ways and
means whatsoever, all and every such person and per-
sons, with their ship or ships, armor, ammunition or other
goods of such persons, as shall, in hostile manner, invade
or attempt the defeating of the said Plantation, or the
hurt of the said Company and inhabitants ; and upon
just causes, to invade and destroy the native Indians,
or other enemies of the said Colony. Nevertheless, our
will and pleasure is, and we do hereby declare to the
rest of our Colonies in New England, that it shall not
be lawful for this our said Colony of Rhode Island and
Providence Plantations, in America, in New England, to
invade the natives inhabiting within the bounds and lim-
its of their said Colonies, without the knowledge and con-

OF AMERICAN HIS TOR Y. 12t>

sent of the said other Colonies. And it is hereby de-
clared, that it shall not be lawful to or for the rest of the
Colonies to invade or molest the native Indians or any-
other inhabitants inhabiting without the bounds and limits
hereafter mentioned, (they having subjected themselves
unto us, and being by us taken into our special protection,)
without the knowledge and consent of the Governor
and Company of our Colony of Rhode-Island and Provi-
dence Plantations. Also our will and pleasure is, and
we do hereby declare unto all Christian Kings, Princes
and States, that if any person, which shall hereafter be
of the said Company or Plantations, or any other, by ap-
pointment of the said Governor and Company for the
time being, shall at any time or times hereafter, rob or
spoil, by sea or land, or do any hurt or unlawful hostility
to any of the subjects of us, our heirs or successors, or
any of the subjects of any Prince or State, being then in
league with us, our heirs or successors, upon complaint
of such injury done to any such Prince or State, or their
subjects, we, our heirs and successors, will make open
proclamation within any parts of our realm of England,
fit for that purpose, that the person or persons committing
any such robbery or spoil, shall, within the time limited
by such proclamation, make full restitution, or satisfac-
tion of all such injuries, done or committed, so as the
said Prince, or others so complaining, may be fully satis-
fied and contented ; and if the said person or persons
who shall commit any such robbery or spoil shall not
make satisfaction, accordingly, within such time, so to be
limited, that then we, our heirs and successors, will put
such person or persons out of our allegiance and protec-
tion ; and that then it shall and may be lawful and free
for all Princes or others to prosecute with hostility, such
offenders, and every of them, their and every of their
procurers, aiders, abettors and counsellors, in that behalf:
Provided also, and our express will and pleasure is, and
we do, by these presents, for us, our heirs and successors.

124

DOCUMENTS ILLUSTRATIVE

ordain and appoint, that these presents, shall not, in any
manner, hinder any of our loving subjects, whatsoever,
from using and exercising the trade of fishing upon the
coast of New England, in America ; but that they, and
every or any of them, shall have full and free power and
liberty to continue and use the trade of fishing upon the
said coast, in any of the seas thereunto adjoining, or any
arms of the seas, or salt water, rivers and creeks, where
they have been accustomed to fish : and to build and to
set upon the waste land belonging to the said Colony and
Plantations, such wharves, stages and work-houses as
shall be necessary for the salting, drying and keeping of
their fish, to be taken or gotten upon that coast. And
further, for the encouragement of the inhabitants of our
said Colony of Providence Plantations to set upon the
business of taking whales, it shall be lawful for them, or
any of them, having struck whale, dubertus, or other
great fish, it or them, to pursue unto any part of that
coast, and into any bay, river, cove, creek, or shore, be-
longing thereto, and it or them, upon the said coast, or in
the said bay, river, cove, creek, or shore, belonging thereto,
to kill and order for the best advantage, without molesta-
tion, they making no wilful waste or spoil ; anything in
these presents contained, or any other matter or thing, to
the contrary, notwithstanding. And further also, we are
graciously pleased, and do hereby declare, that if any of
the inhabitants of our said Colony do set upon the plant-
ing of vineyards (the soil and climate both seeming natu-
rally to concur to the production of wines) or be industrious
in the discovery of fishing banks, in or about the said
Colony, we will, from time to time, give and allow all due
and fitting encouragement therein, as to others, in cases
of like nature. And further, of our more ample grace,
certain knowledge and mere motion, we have given and
granted, and by these presents, for us, our heirs and suc-
cessors, do give and grant unto the said Governor and
Company of the English Colony of Rhode-Island and

OF AMERICAN HISTORY.

125

Providence Plantations, in the Narragansett Bay, in New
England, in America, and to every inhabitant there, and
to every person and persons, trading thither, and to every
such person or persons as are or shall be free of the said
Colony, full power and authority, from time to time, and
at all times hereafter, to take, ship, transport and carry
away, out of any of our realms and dominions, for and
towards the plantation and defence of the said Colony,
such and so many of our loving subjects and strangers
as shall or will willingly accompany them in and to their
said Colony and Plantation ; except such person or persons
as are or shall be therein restrained by us, our heirs and
successors, or any law or statute of this realm : and also
to ship and transport all and all manner of goods, chat-
tels, merchandizes and other things whatsoever, that are
or shall be useful or necessary for the said Plantations,
and defence thereof, and usually transported, and not
prohibited by any law or statute of this our realm ;
yielding and paying unto us, our heirs and successors,
such the duties, customes and subsidies, as are or ought
to be paid or payable for the same. And further, our
will and pleasure is, and we do, for us, our heirs and suc-
cessors, ordain, declare, and grant unto the said Gov-
ernor and Company, and their successors, that all and
every the subjects of us, our heirs and successors, which
are already planted and settled within our said Colony of
Providence Plantations, or which shall hereafter go to in-
habit within the said Colony, and all and every of their chil-
dren, which have been born there, or which shall happen
hereafter to be born there, or on the sea, going thither,
or returning from thence, shall have and enjoy all liberties
and immunities of free and natural subjects within any
the dominions of us, our heirs or successors, to all in-
tents, constructions and purposes, whatsoever, as if they,
and every of them, were born within the realm of Eng-
land. And further, know ye, that we, of our more
abundant grace, certain knowledge, and mere motion.

1 26 DOCUMENTS ILL USTKA TIVE

have given, granted and confirmed, and by these pres-
ents, for us, our heirs and successors, do give, grant and
confirm, unto the said Governor and Company, and their
successors, all that part of our dominions in New Eng-
land, in America, containing the Nahantick and Nanhy-
ganset, alias Narragansett Bay, and countries and parts
adjacent, bounded on the west, or westerly, to the middle
or channel of a river there, commonly called and known
by the name of Pawcatuck, alias Pawcawtuck river, and
so along the said river, as the greater or middle stream
thereof reacheth or lies up into the north country, north-
ward, unto the head thereof, and from thence, by a
straight line drawn due north, until it meets with the
south line of the Massachusetts Colony ; and on the
north, or northerly, by the aforesaid south or southerly
line of the Massachusetts Colony or Plantation, and ex-
tending towards the east, or eastwardly, three English
miles to the east and north-east of the most eastern and
north-eastern parts of the aforesaid Narragansett Bay, as
the said bay lyeth or extendeth itself from the ocean on
the south, or southwardly unto the mouth of the river
which runneth towards the town of Providence, and
from thence along the easterly side or bank of the said
river (higher called by the name of Seacunck river) up
to the falls called Patuckett falls, being the most west-
wardly line of Plymouth Colony, and so from the said falls,
in a straight line, due north, until it meet with the afore-
said line of the Massachusetts Colony ; and bounded on
the south by the ocean ; and, in particular, the lands
belonging to the towns of Providence, Pawtuxet, War-
wick, Misquammacok, alias Pawcatuck, and the rest upon
the main land in the tract aforesaid, together with Rhode-
Island, Block-Island, and all the rest of the islands and
banks in the Narragansett Bay, and bordering upon the
coast of the tract aforesaid, (Fisher's Island only ex-
cepted,) together with all firm lands, soils, grounds,

OF AMERICAN HISTORY.

127

havens, ports, rivers, waters, fishings, mines royal, and
all other mines, minerals, precious stones, quarries, woods,
wood grounds, rocks, slates, and all and singular other
commodities, jurisdictions, royalties, privileges, fran-
chises, preheminancies, and hereditaments, whatsoever,
within the said tract, bonds, lands and islands aforesaid,
or to them or any of them belonging, or in any wise ap-
pertaining ; to have and to hold the same, unto the said
Governor and Company, and their successors, forever,
upon trust, for the use and benefit of themselves and
their associates freemen of the said Colony, their heirs
and assigns, to be holden of us, our heirs and successors,
as of the Manor of East-Greenwich, in our county of
Kent, in free and common soccage, and not in capite,
nor by knight service ; yielding and paying therefor, to
us, our heirs and successors, only the fifth part of all the
ore of gold and silver which, from time to time, and at all
times hereafter, shall be there gotten, had or obtained,
in lieu and satisfaction of all services, duties, fines, for-
feitures, made or to be made, claims and demands what-
soever, to be to us, our heirs or successors, therefor or
thereout rendered, made or paid ; any grant, or clause in
a late grant, to the Governor and Company of Connecti-
cut Colony, in America, to the contrary thereof in any
wise notwithstanding ; the aforesaid Pawcatuck river
having been yielded, after much debate, for the fixed and
certain bounds between these our said Colonies, by the
agents thereof ; who have also agreed, that the said Paw-
catuck river shall be also called alias Norrogansett or
Narrogansett river ; and, to prevent future disputes, that
otherwise might arise thereby, forever hereafter shall be
construed, deemed and taken to be the Narragansett
river in our late grant to Connecticut Colony mentioned
as the easterly bounds of that Colony. And further, our
will and pleasure is, that in all matters of public contro-
versy which may fall out between our Colony of Provi-

128 DOCUMENTS ILL USTRA TIVE

dence Plantations, and the rest of our colonies in New-
England, it shall and may be lawful to and for the Gov-
ernor and Company of the said Colony of Providence
Plantations to make their appeals therein to us, our heirs
and successors, for redress in such cases, within this our
realm of England : and that it shall be lawful to and for
the inhabitants of the said Colony of Providence Plan-
tations, without let or molestation, to pass and repass,
with freedom, into and through the rest of the English
Colonies, upon their lawful and civil occasions, and to
converse, and hold commerce and trade, with such of the
inhabitants of our other English Colonies as shall be will-
ing to admit them thereunto, they behaving themselves
peaceably among them ; any act, clause or sentence, in
any of the said Colonies provided, or that shall be
provided, to the contrary in anywise notwithstanding.
And lastly, we do, for us, our heirs and successors, ordain
and grant unto the said Governor and Company, and
their successors, by these presents, that these our let-
ters patent shall be firm, good, effectual and available
in all things in the law, to all intents, constructions
and purposes whatsoever, according to our true intent
and meaning hereinbefore declared ; and shall be con-
strued, reputed and adjudged in all cases most favorably
on the behalf, and for the best benefit and behoof,
of the said Governor and Company, and their suc-
cessors ; although express mention of the true yearly
value or certainty of the premises, or any of them, or
of any other gifts or grants, by us, or by any of our
progenitors or predecessors, heretofore made to the said
Governor and Company of the English Colony of Rhode-
Island and Providence Plantations, in the Narragansett
Bay, New England, in America, in these presents is not
made, or any statute, act, ordinance, provision, proclama-
tion or restriction, heretofore had, made, enacted, or-
dained or provided, or any other matter, cause or thing

OF AMERICAN HISTOR Y. j 2g

whatsoever, to the contrary thereof in anywise notwith-
standing. In witness whereof, we have caused these
our letters to be made patent. Witness ourself at West-
minster, the eighth day of July, in the fifteenth year of
our reign.

By the King :

HOWARD.

130

DOCUMENTS ILLUSTRATIVE

CHARTER OF PENNSYLVANIA— 1681.

William Penn inheriting from his father, Ad-
miral Richard Penn, a claim of ^60,000 against
the crown, requested from Charles II., in settle-
ment of the same, a tract of land north of Mary-
land and west of Jersey for a province. The king
consented to this easy mode of settlement, and the
patent was sealed March 5, 1681. Penn obtained
from the Duke of York the three lower counties
on the Delaware, now the State of Delaware. In
July, 1681, Penn drew his "Concession" to the
province and the next year granted a liberal frame
of government followed in 1683 by a second, and
in 1696 by a third " Frame." Penn, unwearied in
his care for the province, in 1701 granted the
" Charter of Privileges," under which Pennsylva-
nia remained till the Revolution. A State consti-
tution was adopted in 1776 by a convention under
the presidency of Benjamin Franklin. Another
constitution was adopted in 1790, a third in 1838,
and a fourth, the present, in 1873. Consult Ban-
croft's U. S,, 1st ed., II., 364; cen. ed., II., 107;
last ed., I., 552 ; Hildreth, II., 63 ; Bryant and
Gay, II., 487; Proud 's Pennsylvania^ I., 167;
Chalmers' Political Annals, 635.

OF AMERICAN HISTOR V.

131

CHARTER FOR THE PROVINCE OF PENN-
SYLVANIA— 168 1.

CHARLES the Second, by the Grace of God, King of
England, Scotland, Fraftce, and Irela7id, Defender of the
Faith, etc. To all whom these presents shall come,
Greeting. WHEREAS Our Trustie and well-beloved
Subject William PENN, Esquire, Sonne and heire of
Sir William Penn deceased, out of a commendable
Desire to enlarge our English Empire, and promote such
usefull comodities as may bee of Benefit to us and Our
Dominions, as also to reduce the Savage Natives by gen-
tle and just manners to the Love of Civil Societie and
Christian Religion, hath humbley besought Leave of Us
to transport an ample Colonie unto a certaine Countrey
hereinafter described, in the Partes of America not yet
cultivated and planted ; And hath likewise humbley be-
sought Our Royall Majestie to Give, Grant, and Con-
firme all the said Countrey, with certaine Privileges
and Jurisdictions, requisite for the good Government
and Safetie of the said Countrey and Colonie, to him and
his Heires forever : KNOW YE THEREFORE, That
Wee, favouring the Petition and good Purpose of the
said William Penn, and haveing Regard to the Memorie
and Meritts of his late Father in divers Services, and
perticulerly to his Conduct, Courage, and Discretion
under our Dearest Brother JAMES Duke of York, in
that Signall Battell and Victorie fought and obteyned
against the Dutch Fleete, command by the Heer Van
Opdam, in the yeare One thousand six hundred and
sixty-five: In consideration thereof, of Our Speciall
grace, certaine Knowledge, and meere Motion have
Given and Granted, and by this Our present Charter, for
Us, Our Heires and Successors, Doe give and Grant unto
the said William Penn, his Heires and Assignes, all that
Tract or Parte of Land in America, with all the Islands
therein conteyned, as the same is bounded on the East by

132

DOCUMENTS ILLUSTRA TIVE

Delaware River, from twelve miles distance Northwards of
New Castle Towne unto the three and fortieth degree of
Northerne Latitude, if the said River doeth extende so
farre Northwards ; But if the said River shall not extend
soe farre Northward, then by the said River soe farr as it
doth extend ; and from the head of the said River, the
Easterne Bounds are to bee determined by a Meridian
Line, to bee drawne from the head of the said River,
unto the said three and fortieth Degree. The said Lands
to extend westwards five degrees in longitude, to bee
computed from the said Easterne Bounds ; and the said
Lands to bee bounded on the North by the beginning of
the three and fortieth degree of Northern Latitude, and
on the South by a Circle drawne at twelve miles distance
from New Castle Northward and Westward unto the be-
ginning of the fortieth degree of Northern Latitude, and
then by a streight Line Westward to the Limitt of Lon-
gitude above-mentioned. WEE do also give and grant
unto the said William Penn, his heires and assignes, the
free and undisturbed use and continuance in, and passage
into and out of all and singuler Ports, Harbours, Bays,
Waters, Rivers, Isles, and Inletts, belonging unto, or
leading to and from the Countrey or Islands aforesaid,
And all the Soyle, lands, fields, woods, underwoods,
mountaines, hills, fenns, Isles, Lakes, Rivers, waters, Riv-
uletts, Bays, and Inletts, scituate or being within, or be-
longing unto the Limitts and Bounds aforesaid, togeather
with the fishing of all sortes of fish, whales, Sturgeons,
and all Royall and other Fishes, in the Sea, Bayes, In-
letts, waters, or Rivers within the premisses, and the
Fish therein taken ; And also all Veines, Mines, and
Quarries, as well discovered as not discovered, of Gold,
Silver, Gemms, and Pretious Stones, and all other what-
soever, be it Stones, Mettals, or of any other thing or
matter whatsoever, found or to bee found within the
Countrey, Isles, or Limitts aforesaid ; AND him, the
said William Penn, his heires and assignes, Wee doe by

OF AMERICAN HISTORY.

133

this Our Royall Charter, for Us, Our heires and Success-
ors, make, create, and constitute the true and absolute
Proprietarie of the Countrey aforesaid, and of all other
the premisses, Saving alwayes to Us, Our heires and Suc-
cessors, the Faith and Allegiance.of the said William Penn,
his heires and assignes, and of all other Proprietaries,
Tenants, and Inhabitants that are or shall be within the
Territories and Precincts aforesaid ; and Saving also,
unto Us, Our heires and Successors, the Sovereignty of
the aforesaid Countrey; TO HAVE, hold, possess, and
enjoy the said Tract of Land, Countrey, Isles, Inletts,
and other the premisses unto the said William Penn, his
heires and assignes, to the only proper use and behoofe
of the said William Penn, his heires and assignes for ever,
to bee holden of Us, Our heires and Successors, Kings of
England, as of Our Castle of Windsor in Our County of
Berks, in free and comon Socage, by fealty only for all
Services, and not in Capite or by Knights Service :
Yielding and paying therefore to Us, Our heires and
Successors, Two Beaver Skins, to bee delivered at Our
said Castle of Windsor on the First Day of January in
every Year ; and also the Fifth Part of all Gold and Sil-
ver Oare, which shall from Time to Time happen to bee
found within the Limitts aforesaid, cleare of all Charges.
And of Our further Grace, certaine Knowledge, and
meer motion, We have thought fitt to erect, and We doe
hereby erect the aforesaid Countrey and Islands into a
Province and Seigniorie, and doe call itt PENSILVA-
NIA, and soe from henceforth we will have itt called.

AND forasmuch as Wee have hereby made and or-
dained the aforesaid William Penn, his heires and
assignes, the true and absolute Proprietaries of all the
Lands and Dominions aforesaid, KNOW YE THERE-
FORE, That We reposing speciall trust and Confidence
in the fidelitie, wisedom, Justice, and provident circum-
spection of the said William Penn for us, our heires and
Successors, Doe grant free, full, and absolute power by

134 DOCUMENTS ILLUSTRATIVE

vertue of these presents to him and his heires, and to his
and their Deputies, and Lieutenants, for the good and
happy government of the said countrey, to ordeyne,
make, and enact, and under his and their Seales to pub-
lish any Lawes whatsoever, for the raising of money for
the publick use of the said Province, or for any other
End, apperteyning either unto the publick state, peace,
or safety of the said Countrey, or unto the private utility
of perticular persons, according unto their best discre-
tions, by and with the advice, assent, and approbation of
the Freemen of the said Countrey, or the greater parte
of them, or of their Delegates or Deputies, whom for the
Enacting of the said Lawes, when, and as often as need
shall require, Wee will that the said William Pain and
his heires, shall assemble in such sort and forme, as to
him and them shall seeme best, and the same Lawes
duly to execute, unto and upon all People within the
said Countrey and the Limitts thereof.

AND wee doe likewise give and grant unto the said
William Penn, and his heires, and to his and their Depu-
ties and Lieutenants, such power and authoritie to ap-
point and establish any Judges and Justices, Magis-
trates and Officers whatsoever, for what Causes soever,
for the probates of wills, and for the granting of Admin-
istrations within the precincts aforesaid and with what
Power soever, and in such forme as to the said William
Pain or his heires shall seeme most convenient : Also to
remitt, release, pardon, and abolish whether before
Judgement or after all Crimes and Offences whatsoever
comitted within the said Countrey against the said
Lawes, Treason and wilful and malitious Murder onely
excepted, and in those Cases to grant Reprieves, until
Our pleasure may bee known therein and to doe all and
every other thing and things, which unto the compleate
Establishment of Justice, unto Courts and Tribunalls,
formes of Judicature, and manner of Proceedings doe
belong, altho in these presents expresse mention bee not

OF AMERICAN HIS TOR Y. j , c

made thereof; And by Judges by them delegated, to
award Processe, hold Pleas, and determine in all the said
Courts and Tribunalls all Actions, Suits, and Causes
whatsoever, as well Criminall as Civill, Personall, reall
and mixt ; which Lawes, soe as aforesaid to bee pub-
lished, Our Pleasure is, and soe Wee enjoyne, require, and
command, shall bee most absolute and avaylable in
law ; and that all the Liege People and subjects of Us,
Our heires and Successors, doe observe and keepe the
same inviolabl in those partes, soe farr* as they concerne
them, under the paine therein expressed, or to bee ex-
pressed. PROVIDED nevertheles, That the said Lawes
bee consonant to reason, and bee not repugnant or con-
trarie, but as neare as conveniently may bee agreeable to
the Lawes and Statutes, and rights of this Our King-
dome of England ; And Saving and reserving to Us,
Our heires and Successors, the receiving, heareing, and
determining of the appeale and appeales of all or any
Person or Persons, of, in, or belonging to the Territories
aforesaid, or touching any Judgement to bee there made
or given.

AND forasmuch as in the Government of soe great a
Countrey, sudden Accidents doe often happen, where-
unto itt will bee necessarie to apply remedie before the
Freeholders of the said Province, or their Delegates or
Deputies, can bee assembled to the making of Lawes ;
neither will itt bee convenient that instantly upon every
such emergent occasion, soe greate a multitude should
be called together: Therefore for the better Government
of the said Countrey Wee will, and ordaine, and by these
presents, for us, our Heires and successors, Doe Grant
unto the said William Penn and his heires, by themselves
or by their Magistrates and Officers, in that behalfe duely
to bee ordeyned as aforesaid, to make and constitute fitt
and wholsome Ordinances, from time to time, within
the said Countrey to bee kept and observed, as well for
the preservation of the peace, as for the better govern-

1 36 DOCUMENTS ILL USTRA TIVE

merit of the People there inhabiting ; and publickly to
notifie the same to all persons, whome the same doeth or
anyway may concerne. Which ordinances, Our Will and
Pleasure is, shall bee observed inviolably within the said
Province, under Paines therein to be expressed, soe as
the said Ordinances bee consonant to reason, and bee not
repugnant nor contrary, but soe farre as conveniently
may bee agreeable with the Lawes of our Kingdome of
England, and soe as the said Ordinances be not extended
in any Sort to bind, charge, or take away the right or
Interest of any person or persons, for or in their Life,
members, Freehold, goods, or Chatties. And our fur-
ther will and pleasure is, that the Lawes for regulateing
and governing of Propertie within the said Province, as
well for the descent and enjoyment of lands, as likewise
for the enjoyment and succession of goods and Chatties,
and likewise as to Felonies, shall bee and continue the
same, as they shall bee for the time being by the generall
course of the Law in our Kingdome of England, until
the said Lawes shall bee altered by the said William
Pcnn, his heires or assignes, and by the Freemen of the
said Province, their Delegates or Deputies, or the greater
Part of them.

AND to the End the said William Penn, or heires, or
other the Planters, Owners, or Inhabitants of the said
Province, may not att anytime hereafter by misconstruc-
tion of the powers aforesaid through inadvertencie or
designe depart from that Faith and due allegiance, which
by the lawes of this our Realme of England, they and
all our subjects, in our Dominions and Territories, alwayes
owe unto us, Our heires and Successors, by colour of
any Extent or largenesse of powers hereby given, or pre-
tended to bee given, or by force or colour of any lawes
hereafter to bee made in the said Province, by vertue of
any such Powers ; OUR further will and Pleasure is, that
a transcript or Duplicate of all Lawes, which shall bee
soe as aforesaid made and published within the said Prov-

OF AMERICAN HISTORY.

137

ince, shall within five yeares after the makeing thereof,
be transmitted and delivered to the Privy Councell, for
the time being, of us, our heires and successors : And if
any of the said Lawes, within the space of six moneths
after that they shall be soe transmitted and delivered,
bee declared by us, Our heires and Successors, in Our
or their Privy Councell, inconsistent with the Sovereign-
tey or lawful Prerogative of us, our heires or Successors,
or contrary to the Faith and Allegiance due by the
legall government of this Realme, from the said William
Pain, or his heires, or of the Planters and Inhabitants of
the said Province, and that thereupon any of the said
Lawes shall bee adjudged and declared to bee void by us,
our heires or Successors, under our or their Privy Seale,
that then and from thenceforth, such Lawes, concerning
which such Judgement and declaration shall bee made,
shall become voyd : Otherwise the said Lawes soe
transmitted, shall remaine, and stand in full force,
according to the true intent and meaneing thereof.

FURTHERMORE, that this new Colony may the
more happily increase, by the multitude of People resort-
ing thither ; Therefore wee for us, our heirs and Succes-
sors, doe give and grant by these presents, power,
Licence, and Libertie unto all the Liege People and Sub-
jects, both present and future, of us, our heires, and
Successors, excepting those who shall bee Specially for-
bidden to transport themselves and Families unto the
said Countrey, with such convenient Shipping as by the
lawes of this our Kingdome of England they ought to
use, with fitting provisions, paying only the customes
therefore due, and there to settle themselves, dwell and
inhabitt, and plant, for the publick and their owne pri-
vate advantage.

AND FURTHERMORE, that our Subjects may bee
the rather encouraged to undertake this expedicion with
ready and cheerful mindes, KNOW YE, That wee, of
Our especiall grace, certaine knowledge, and meere

138

DOCUMENTS ILLUSTRATIVE

motion, Doe Give and Grant by vertue of these presents,
as well unto the said William Penn, and his heires, as to
all others, who shall from time to time repaire unto the
said Countrey, with a purpose to inhabitt there, or trade
with the Natives of the said Countrey, full Licence to
lade and freight in any ports whatsoever, of us, our heires
and Successors, according to the lawes made or to be
made within our Kingdome of England, and unto the
said Countrey, by them, theire Servants or assignes, to
transport all and singuler theire wares, goods, and Mer-
chandizes, as likewise all sorts of graine whatsoever, and
all other things whatsoever, necessary for food or cloath-
ing, not prohibited by the Lawes and Statutes of our
Kingdomes and Dominiones to be carryed out of the
said Kingdomes, without any Lett or molestation of us,
our heires and Successors, or of any of the Officers of us,
our heires and Successors ; saveing alwayes to us, our
heires and Successors, the legall impositions, customes,
and other Duties and payments, for the said Wares and
Merchandize, by any Law or Statute due or to be due to
us, our heires and Successors.

AND Wee doe further, for us, our heires and Succes-
sors, Give and grant unto the said William Penn, his
heires and assignes, free and absolute power, to Divide
the said Countrey and Islands into Townes, Hundreds
and Counties, and to erect and incorporate Townes into
Borroughs, and Borroughs into Citties, and to make and
constitute ffaires and Marketts therein, with all other
convenient priviledges and munities, according to the
meritt of the inhabitants, and the ffitnes of the places,
and to doe all and every other thing and things touching
the premisses, which to him or them shall seeme requi-
site and meet ; albeit they be such as of their owne
nature might otherwise require a more especiall comand-
ment and Warrant then in these presents is expressed.

WE Will alsoe, and by these presents, for us, our heires
and Successors, Wee doe Give and grant Licence by this

OF AMERICAN HISTORY.

1 39

our Charter, unto the said William Penn, his heires and
assignes, and to all the inhabitants and dwellers in the
Province aforesaid, both present and to come, to import
or unlade, by themselves or theire Servants, ffactors or
assignes, all merchandizes and goods whatsoever, that
shall arise of the fruites and comodities of the said Prov-
ince, either by Land or Sea, into any of the ports of us,
our heires and successors, in our Kingdome of England,
and not into any other Countrey whatsoever : And wee
give him full power to dispose of the said goods in the
said ports ; and if need bee, within one yeare next after
the unladeing of the same, to lade the said Merchandizes
and Goods again into the same or other shipps, and to
export the same into any other Countreys, either of our
Dominions or fforeigne, according to Lawe : Provided
alwayes, that they pay such customes and impositions,
subsidies and duties for the same, to us, our heires and
Successors, as the rest of our Subjects of our Kingdome
of England, for the time being, shall be bound to pay,
and doe observe the Acts of Navigation, and other Lawes
in that behalfe made.

AND FURTHERMORE, of our most ample and
esspeciall grace, certaine knowledge, and meere motion,
Wee doe, for us, our heires and Successors, Grant unto
the said William Penn, his heires and assignes, full and
absolute power and authoritie to make, erect, and con-
stitute within the said Province and the Isles and Islets
aforesaid, such and soe many Sea-ports, harbours, Creeks,
Havens, Keyes, and other places, for discharge and
unladeing of goods and Merchandizes, out of the shipps,
Boates, and other Vessells, and ladeing them in such and
soe many Places, and with such rights, Jurisdictions, lib-
erties and priviledges unto the said ports belonging, as to
him or them shall seeme most expedient ; and that all
and singuler the shipps, boates, and other Vessells, which
shall come for merchandize and trade unto the said
Province, or out of the same shall depart, shall be laden

j 40 DOCUMENTS ILL USTRA TIVE

or unladen onely at such Ports as shall be erected and
constituted by the said William Penn, his heires and
assignes, any use, custome, or other thing to the contrary
notwithstanding. Provided, that the said William Penn,
and his heires, and the Lieutenants and Governors for
the time being, shall admitt and receive in and about all
such Ports, Havens, Creeks, and Keyes, all Officers and
their Deputies, who shall from time to time be appointed
for that Purpose by the ffarmers or Commissioners of
our Customes for the time being.

AND Wee doe further appoint and ordaine, and by
these presents, for us, our heires and Successors, Wee
doe grant unto the said William Pain, his heires and
assignes, That he, the said William Pain, his heires and
assignes, may from time to time for ever, have and enjoy
the Customes and Subsidies, in the Portes, Harbours,
and other Creeks and Places aforesaid, within the Prov-
ince aforesaid, payable or due for merchandizes and
wares there to be laded and unladed, the said Customes
and Subsidies to be reasonably assessed upon any occa-
sion, by themselves and the People there as aforesaid to
be assembled, to whom wee give power by these pres-
ents, for us, our heires and Successors, upon just cause
and in dudue p'portion, to assesse and impose the same ;
Saveing unto us, our heires and Successors, such imposi-
tions and Customes, as by Act of Parliament are and
shall be appointed.

AND it is Our further Will and pleasure, that the said
William Pain, his heires and assignes, shall from time to
time constitute and appoint an Attorney or Agent, to
Reside in or neare our City of London, who shall make
knowne the place where he shall dwell or may be found,
unto the Clerke of our Privy Counsell for the time being,
or one of them, and shall be ready to appeare in any of
our Courts att Westminster, to Answer for any Misde-
meanors that shall be comitted, or by any wilfull default
or neglect permitted by the said William Pain, his heires

OF AMERICAN HISTOR Y. Y a r

or assignes, against our Lawes of Trade or Navigation ;
and after it shall be ascertained in any of our said Courts,
what damages Wee or our heires or Successors shall have
sustained by such default or neglect, the said William
Pain, his heirs and assignes shall pay the same within
one yeare after such taxation, and demand thereof from
such Attorney : or in case there shall be noe such
Attorney by the space of one yeare, or such Attorney
shall not make payment of such damages within the
space of one yeare, and answer such other forfeitures and
penalties within the said time, as by the Acts of Parlia-
ment in England are or shall be provided, according to
the true intent and meaneing of these presents ; then it
shall be lawfull for us, our heires and Successors, to seize
and Resume the government of the said Province or
Countrey, and the same to retaine untill payment shall
be made thereof : But notwithstanding any such Seizure
or resumption of the government, nothing concerneing the
propriety or ownership of any Lands, tenements, or
other hereditaments, or goods or chattels of any of the
Adventurers, Planters, or owners, other then the respect-
ive Offenders there, shall anyway be affected or molested
thereby.

PROVIDED alwayes, and our will and pleasure is,
that neither the said William Penn, nor his heires, or
any other the inhabitants of the said Province, shall at
any time hereafter have or maintain any Correspondence
with any other king, prince, or State, or with any of
theire subjects, who shall then be in Warr against us,
our heires or Successors ; Nor shall the said William
Penn, or his heires, or any other the Inhabitants of the
said Province, make Warre or doe any act of Hostility
against any other king, prince, or State, or any of theire
Subjects, who shall then be in league or amity with us,
our heires or successors.

AND, because in soe remote a Countrey, and scituate
neare many Barbarous Nations, the incursions as well of

142

DOCUMENTS 1LLUSTRA Til '£

the Savages themselves, as of other enemies, pirates and
robbers, may probably be feared ; Therefore Wee have
given, and for us, our heires and Successors, Doe give
power by these presents unto the said William Perm, his
heires and assignes, by themselves or theire Captaines
or other their Officers, to levy, muster and traine all
sorts of men, of what condition soever or wheresoever
borne, in the said Province of Pensilvania, for the time
being, and to make Warre, and to pursue the enemies
and Robbers aforesaid, as well by Sea as by Land, even
without the Limitts of the said Province, and by God's
assistance to vanquish and take them, and being taken
to put them to death by the Law of Warre, or to save
them, att theire pleasure, and to doe all and every other
Art and Thing which to the Charge and Office of a
Captaine-Generall of an Army belongeth or hath accus-
tomed to belong, as fully and ffreely as any Captaine-
Generall of an Army hath ever had the same.

AND FURTHERMORE, of Our especiall grace and
of our certaine knowledge and meere motion, wee have
given and granted, and by these presents, for us, our
heires and Successors, do Give and Grant unto the said
William Penn, his Heires and Assigns, full and absolute
power, licence and authoritie, that he, the said William
Penn, his heires and assignes, from time to time here-
after forever, att his or theire own Will and pleasure
may assigne, alien, Grant, demise, or enfeoffe of the
Premises soe many and such partes and parcells to him
or them that shall be willing to purchase the same, as
they shall thinke fitt, To have and to hold to them the
said person and persons willing to take or purchase, theire
heires and assignes, in ffee-simple or ffee-taile, or for the
terme of life, or lives or yeares, to be held of the said
William Penn, his heires and assignes, as of the said Seign-
iory of Windsor, by such services, customes and rents,
as shall seeme ffitt to the said William Penn, his heires
and assignes, and not imediately of us, our heires and

OF AMERICAN HISTORY.

143

successors. AND to the same person or persons, and to
all and every of them, wee doe give and grant by these
presents, for us, our heires and successors, licence, author-
ise and power, that such person or persons may take the
premisses, or any parcell thereof, of the aforesaid William
Pain, his heires or assignes, and the same hold to them-
selves, their heires and assignes, in what estate of inherit-
ance soever, in ffee-simple or in ffee-taile, or otherwise,
as to him, the said William Pcnn, his heires and assignes,
shall seem expedient : The Statute made in the parlia-
ment of EDWARD, sonne of King HENR Y, late King
of England, our predecessor, commonly called The Statute
QUIA EMPTORES TERRARUM, lately published in
our Kingdome of England 'in any wise notwithstanding.

AND by these presents wee give and Grant Licence
unto the said William Penn, and his heires, likewise to
all and every such person and persons to whom the said
William Pcnn or his heires shall att any time hereafter
grant any estate or inheritance as aforesaid, to erect
any parcells of Land within the Province aforesaid into
Mannors, by and with the Licence to be first had and
obteyned for that purpose, under the hand and Seale of
the said William Penn or his heires ; and in every of the
said Mannors to have and to hold a Court-Baron, with
all thinges whatsoever which to a Court-Baron do belong,
and to have and to hold View of ffrank-pledge for the
conservation of the peace and the better government of
those partes, by themselves or their Stewards, or by the
Lords for the time being of the Mannors to be deputed
when they shall be erected, and in the same to use all
things belonging to the View of ffrank-pledge. AND
Wee doe further grant licence and authoritie, that every
such person or persons who shall erect any such Man-
nor or Mannors, as aforesaid, shall or may grant all or
any parte of his said Lands to any person or persons, in
ffee-simple, or any other estate of inheritance to be held
of the said Mannors respectively, soe as noe further ten-

144

DOCUMENTS ILLUSTRATIVE

ures shall be created, but that upon all further and other
alienations thereafter to be made, the said lands soe
aliened shall be held of the same Lord and his heires, of
whom the alienor did then before hold, and by the like
rents and Services which were before due and accus-
tomed.

AND FURTHER our pleasure is, and by these pres-
ents, for us, our heires and Successors, Wee doe cove-
nant and grant to and with the said William Penn, and
his heires and assignes, That Wee, our heires and Suc-
cessors, shall at no time hereafter sett or make, or cause
to be sett, any impossition, custome or other taxation,
rate or contribution whatsoever, in and upon the dwellers
and inhabitants of the aforesaid Province, for their
Lands, tenements, goods or chattells within the said
Province, or in and upon any goods or merchandize
within the said Province, or to be laden or unladen
within the ports or harbours of the said Province, unless
the same be with the consent of the Proprietary, or
chiefe governor, and assembly, or by act of Parliament
in England.

AND Our Pleasure is, and for us, our heires and Suc-
cessors, Wee charge and comand, that this our Declara-
tion shall from henceforth be received and allowed from
time to time in all our courts, and before all the Judges
of us, our heires and Successors, for a sufficient and law-
full discharge, payment and acquittance ; commanding
all and singular the officers and ministers of us, our
heires and Successors, and enjoyneing them upon pain
of our high displeasure, that they doe not presume att
any time to attempt anything to the contrary of the
premisses, or that doe in any sort withstand the same,
but that they be att all times aiding and assisting, as is
fitting unto the said William Pain, and his heires, and to
the inhabitants and merchants of the Province aforesaid,
their Servants, Ministers, ffactors and Assignes, in the
full use and fruition of the benefitt of this our Charter.

OF AMERICAN HISTORY.

H5

AND Our further pleasure is, and wee doe hereby, for
us, our heires and Successors, charge and require, that if
any of the inhabitants of the said Province, to the num-
ber of Twenty, shall at any time hereafter be desirous,
and shall by any writeing, or by any person deputed for
them, signify such their desire to the Bishop of London
that any preacher or preachers, to be approved of by the
said Bishop, may be sent unto them for their instruction,
that then such preacher or preachers shall and may be
and reside within the said Province, without any deniall
or molestation whatsoever.

AND if perchance it should happen hereafter any
doubts or questions should arise, concerneing the true
Sense and meaning of any word, clause, or Sentence con-
teyned in this our present Charter, Wee will ordaine,
and comand, that att all times and in all things, such in-
terpretation be made thereof, and allowed in any of our
Courts whatsoever, as shall be adjudged most advanta-
geous and favourable unto the said William Perm, his
heires and assignes : Provided always that no interpreta-
tion be admitted thereof by which the allegiance due
unto us, our heires and Successors, may suffer any preju-
dice or diminution ; Although express mention be not
made in these presents of the true yearly value, or cer-
tainty of the premisses, or of any parte thereof, or of
other gifts and grants made by us and our progenitors or
predecessors unto the said William Penn : Any Statute,
Act, ordinance, provision, proclamation, or restraint
heretofore had, made, published, ordained or provided,
or any other thing, cause, or matter whatsoever, to the
contrary thereof in any wise notwithstanding.

IN WITNESS whereof wee have caused these our
Letters to be made patents: Witness OUR SELFE, at
Westminster, the Fourth day of March, in the Three and
Thirtieth Yeare of Our Reign.

By Writt of Privy Scale,

PIGOTT.

146

DOCUMENTS ILLUSTRATIVE

PENN'S PLAN OF UNION— 1697.

This plan of Union was presented to the Board
of Trade in 1697 by Wm. Penn, in opposition to
the Board's plan of consolidation. This is the
first of the native plans of Union.

Consult Frothingham's Rise, no; Bancroft's
U. S., cen, ed. II., 277 ; last ed., II., 74 ; Chalmers'
Revolt, I., 271 ; Hildreth's U. S., II., 198.

MR. PENN'S PLAN FOR A UNION OF THE
COLONIES IN AMERICA.

A BRIEFE and Plaine Scheam how the English Colo-
nies in the North parts of America, viz. : Boston, Connec-
ticut, Road Island, New York, New Jerseys, Pensilvania,
Maryland, Virginia, and Carolina may be made more
usefull to the Crowne, and one another's peace and
safty with an universall concurrence.

1st. That the severall Colonies before mentioned do
meet once a year, and oftener if need be, during the
war, and at least once in two years in times of peace, by
their stated and appointed Deputies, to debate and re-
solve of such measures as are most adviseable for their
better understanding, and the public tranquility and
safety.

2d. That in order to it two persons well qualified for
sence, sobriety and substance be appointed by each Prov-
ince, as their Representatives or Deputies, which in the
whole make the Congress to consist of twenty persons.

3d. That the King's Commissioner for that purpose

OF AMERICAN HISTORY.

H7

specially appointed shall have the chaire and preside in
the said Congresse.

4th. That they shall meet as near as conveniently
may be to the most centrall Colony for use of the Dep-
uties.

5th. Since that may in all probability, be New York
both because it is near the Center of the Colonies and for
that it is a Frontier and in the King's nomination, the
Govr. of that Colony may therefore also be the King's
High Commissioner during the Session after the manner
of Scotland.

6th. That their business shall be to hear and adjust
all matters of Complaint or difference between Province
and Province. As, 1st, where persons quit their own
Province and goe to another, that they may avoid their
just debts, tho they be able to pay them, 2nd, where
offenders fly Justice, or Justice cannot well be had upon
such offenders in the Provinces that entertaine them,
3dly, to prevent or cure injuries in point of Commerce,
4th, to consider of ways and means to support the union
and safety of these Provinces against the. publick ene-
mies. In which Congresse the Quotas of men and charges
will be much easier, and more equally sett, then it is pos-
sible for any establishment made here to do ; for the
Provinces, knowing their own condition and one an-
other's, can debate that matter with more freedome and
satisfaction and better adjust and ballance their affairs
in all respects for their common safty.

7ly. That in times of war the King's High Commis-
sioner shall be generall or chief Commander of the sev-
erall Quotas upon service against a common enemy as
he shall be advised, for the good and benefit of the
whole.

148

DOCUMENTS ILLUSTRATIVE

CHARTER OF GEORGIA— 1732.

The colony originated in the philanthropy of
Gen. James Oglethrope who sought to provide in
America a refuge for the poor debtors of Eng-
land. Oglethrope created a general interest in
the scheme. The Society for Propagating the
Gospel in Foreign Parts lent its aid and donated
ten thousand pounds. The charter was issued
June 9, 1732, for territory included in the Carolina
Charters of 1662-63. In November, 1732, Ogle-
thrope sailed with thirty-five families and began a
settlement at Charleston early the next year.
The charter expired by limitation in 1752 and the
trustees, discouraged by the result thus far, did not
seek a renewal of the grant, but allowed the col-
ony to become a royal province. This patent is
of interest as showing the final form assumed by
the charters.

Consult Bancroft's U. S., 1st ed., III., 491; cen.
ed., II., 560; last ed., II., 281 ; Hildreth's U. S.,
II., 362 ; Bryant and Gay's U. S., III., 140; Chal-
mers' Revolt, 180.

CHARTER OF GEORGIA— 1732.

GEORGE the second, by the grace of God, of Great
Britain, France and Ireland, king, defender of the faith,
and so forth. To all to whom these presents shall come,
greeting.

OF AMERICAN HISTOR V. l ^g

Whereas we are credibly- informed, that many of our
poor subjects are, through misfortunes and want of em-
ployment, reduced to great necessity, insomuch as by
their labor they are not able to provide a maintenance
for themselves and families ; and if they had means to
defray their charges of passage, and other expences, inci-
dent to new settlements, they would be glad to settle in
any of our provinces in America where by cultivating
the lands, at present waste and desolate, they might not
only gain a comfortable subsistence for themselves and
families, but also strengthen our colonies and increase the
trade, navigation and wealth of these our realms. And
whereas our provinces in North America, have been fre-
quently ravaged by Indian enemies; more especially
that of South-Carolina, which in the late war, by the
neighboring savages, was laid waste by fire and sword,
and great numbers of English inhabitants, miserably
massacred, and our loving subjects who now inhabit
them, by reason of the smallness of their numbers, will
in case of a new war, be exposed to the late calamities ;
inasmuch as their whole southern frontier continueth
unsettled, and lieth open to the said savages — And
whereas we think it highly becoming our crown and
royal dignity, to protect all our loving subjects, be they
never so distant from us ; to extend our fatherly com-
passion even to the meanest and most infatuated of our
people, and to relieve the wants of our above mentioned
poor subjects ; and that it will be highly conducive
for accomplishing those ends, that a regular colony of
the said poor people be settled and established in the
southern territories of Carolina. And whereas we have
been well assured, that if we will be graciously pleased
to erect and settle a corporation, for the receiving,
managing and disposing of the contributions of our lov-
ing subjects : divers persons would be induced to contrib-
ute to the purposes aforesaid — Know ye therefore, that
we have, for the considerations aforesaid, and for the

ISO

DOCUMENTS ILLUSTRATIVE

better and more orderly carrying on of the said good
purposes ; of our special grace, certain knowledge and
mere motion, willed, ordained, constituted and appointed,
and by these presents, for us, our heirs and successors,
do will, ordain, constitute, declare and grant, that our
right trusty and well beloved John, lord-viscount Pur-
cival, of our kingdom of Ireland, our trusty and well be-
loved Edward Digby, George Carpenter, James Ogle-
thorpe, George Heathcote, Thomas Tower, Robert
Moore, Robert Hucks, Roger Holland, William Sloper,
Francis Eyles, John Laroche, James Vernon, William
Beletha, esquires, A. M. John Burton, B. D. Richard
Bundy, A. M. Arthur Bedford, A. M. Samuel Smith,
A. M. Adam Anderson and Thomas Corane, gentleman ;
and such other persons as shall be elected in the manner
herein after mentioned, and their successors to be elected
in the manner herein after directed ; be, and shall be one
body politic and corporate, in deed and in name, by the
name of the Trustees for establishing the colony of Georgia
in America ; and them and their successors by the same
name, we do, by these presents, for us, our heirs and suc-
cessors, really and fully make, ordain, constitute and
declare, to be one body politic in deed and in name for-
ever ; and that by the same name, they and their suc-
cessors, shall and may have perpetual succession ; and
that they and their successors by that name shall and
may forever hereafter, be persons able and capable in the
law, to purchase, have, take, receive and enjoy, to them
and their successors, any manors, messuages, lands, tene-
ments, rents, advowsons, liberties, privileges, jurisdic-
tions, franchises, and other hereditaments whatsoever,
lying and being in Great Britain, or any part thereof, of
whatsoever nature, kind or quality, or value they be, in
fee and in perpetuity, not exceeding the yearly value of
one thousand pounds, beyond reprises ; also estates for
lives, and for years, and all other manner of goods, chat-
tels and things whatsoever they be ; for the better

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151

settling and supporting, and maintaining the said colony,
and other uses aforesaid ; and to give, grant, let and
demise the said manors, messuages, lands, tenements,
hereditaments, goods, chattels and things whatsoever
aforesaid, by lease or leases, for term of years, in posses-
sion at the time of granting thereof, and not in reversion,
not exceeding the term of thirty-one years, from the time
of granting thereof ; on which in case no fine be taken,
shall be reserved the full, and in case a fine be taken,
shall be reserved at least a moiety of the value that the
same shall reasonably and bona fide be worth at the time
of such demise; and that they and their successors, by
the name aforesaid, shall and may forever hereafter, be
persons able, capable in the law, to purchase, have, take,
receive, and enjoy, to them and their successors, any
lands, territories, possessions, tenements, jurisdictions,
franchises and hereditaments whatsoever, lying and being
in America, of what quantity, quality or value whatso-
ever they be, for the better settling and supporting and
maintaining the said colony ; and that by the name
aforesaid they shall and may be able to sue and be sued,
plead and be impleaded, answer and be answered unto,
defend and be defended, in all courts and places whatso-
ever, and before whatsoever judges, justices, and other
officers, of us, our heirs and successors, in all and singular
actions, plaints, pleas, matters, suits and demands, of
what kind, nature or quality soever they be ; and to act
and to do, all matters and things in as ample manner and
form as any other our liege subjects of this realm of
Great Britain, and that they and their successors forever
hereafter, shall and may have a common seal, to serve for
the causes and businesses of them and their successors ;
and that it shall and may be lawful for them and their
successors, to change, break, alter and make new the
said seal, from time to time, and at their pleasure, and as
they shall think best. And we do further grant, for us,
our heirs and successors, that the said corporation, and

I r 2 DOCUMENTS ILL USTRA TIVE

the common council of the said corporation, hereinafter
by us appointed, may from time to time, and at all times,
meet about their affairs when and where they please, and
transact and carry on the business of the said corporation.
And for the better execution of the purposes aforesaid,
we do, by these presents, for us, our heirs and successors,
give and grant to the said corporation, and their succes-
sors, that they and their successors forever, may upon the
third Thursday in the month of March, yearly, meet at
some convenient place to be appointed by the said corpo-
ration, or major part of them who shall be present at any
meeting of the said corporation, to be had for the
appointing of the said place ; and that they, or two
thirds of such of them, that shall be present at such
yearly meeting, and at no other meeting of the said
corporation, between the hours of ten in the morning
and four in the afternoon of the same day, choose and
elect such person or persons to be members of the said
corporation, as they shall think beneficial to the good
designs of the said corporation. And our further will
and pleasure is, that if it shall happen that any person
hereinafter by us appointed, as the common council of
the said corporation, or any persons to be elected or
admitted members of the said common council in the
manner hereafter directed, shall die, or shall by writing
under his and their hands respectively resign his or their
office or offices of common council man or common
council men ; the said corporation, or the major part of
such of them as shall be present, shall and may at such
meeting, on the said third Thursday in March yearly, in
manner as aforesaid, next after such death or resignation,
and at no other meeting of the said corporation, into the
room or place of such person or persons so dead or so
resigning, elect and choose one or more such person or
persons, being members of the said corporation, as to
them shall seem meet : and our will is, that all and every
the person or persons which shall from time to time

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153

hereafter be elected common council men of the said
corporation as aforesaid, do and shall, before he or they
act as common men of the said corporation, take an oath
for the faithful and due execution of their office ; which
oath the president of the said corporation for the time
being, is hereby authorized and required to administer to
such person or persons elected as aforesaid. And our
will and pleasure is, that the first president of the said
corporation is and shall be our trusty and well-beloved,
the said Lord John Viscount Percival ; and that the said
president shall, within thirty days after the passing this
charter, cause a summons to be issued to the several
members of the said corporation herein particularly
named, to meet at such time and place as he shall
appoint, to consult about and transact the business of
said corporation. And our will and pleasure is, and we,
by these presents, for us, our heirs, and successors, grant,
ordain, and direct, that the common council of this cor-
poration shall consist of fifteen in number ; and we do,
by these presents, nominate, constitute, and appoint our
right trusty and well-beloved John Lord Viscount Per-
cival, our trusty and beloved Edward Digby, George
Carpenter, James Oglethorpe, George Heathcote, Thomas
Laroche, James Vernon, William Beletha, esqrs., and
Stephen Hales, Master of Arts, to be the common
council of the said corporation, to continue in the said
office during their good behavior. And whereas it is our
royal intention, that the members of the said corporation
should be increased by election, as soon as conveniently
may be, to a greater number than is hereby nominated ;
Our further will and pleasure is, and we do hereby, for
us, our heirs and successors, ordain and direct, that from
the time of such increase of the members of the said
corporation, the number of the common council shall be
increased to twenty-four; and that the same assembly at
which such additional members of the said corporation
shall be chosen, there shall likewise be elected in the

154

DOCUMENTS ILLUSTRATIVE

manner hereinbefore directed for the election of common
council men, nine persons to be the said common council
men, and to make up the number twenty-four. And our
further will and pleasure is, that our trusty and well
beloved Edward Digby, esquire, shall be the first chair-
man of the common council of the said corporation ; and
that the said lord-viscount Purcival shall be, and continue,
president of the said corporation, and that the said
Edward Digby shall be and continue chairman of the
common council of the said corporation, respectively,
until the meeting which shall be had next and immedi-
ately after the first meeting of the said corporation, or of
the common council of the said corporation respectively,
and no longer ; at which said second meeting, and every
other subsequent and future meeting of the said corpora-
tion or of the common council of the said corporation
respectively, in order to preserve an indifferent rotation
of the several offices, of president of the corporation, and
of chairman of the common council of the said corpora-
tion we do direct and ordain that all and every the
person and persons, members of the said common council
for the time being, and no other, being present at such
meetings, shall severally and respectively in their turns,
preside at the meetings which shall from time to time be
held of the said corporation, or of the common council of
the said corporation respectively : and in case any doubt
or question shall at any time arise touching or concerning
the right of any member of the said common council to
preside at any meeting of the said corporation, or at the
common council of the said corporation, the same shall
respectively be determined by the major part of the said
corporation, or of the common council of the said corpo-
ration respectively, who shall be present at such meeting.
Provided always, that no member of the said common
council having served in the offices of president of the
said corporation, or of chairman of the common council
of the said corporation, shall be capable of being, or of

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155

serving as president or chairman at any meeting of the
said corporation, or common council of the said corpora-
tion next and immediately ensuing that in which he so
served as president of the said corporation or chairman
of the said common council of the said corporation
respectively ; unless it shall so happen that at any such
meeting of the said corporation, there shall not be any
other member of the said common council present. And
our will and pleasure is, that at all and every of
the meetings of the said corporation, or of the com-
mon council of the said corporation, the president or
chairman for the time being, shall have a voice and
shall vote, and shall act as a member of the said
corporation or of the common council of the said
corporation, at such meeting ; and in case of any
equality of votes, the said president or chairman
for the time being, shall have a casting vote. And
our further will and pleasure is, that no president of the
said corporation, or chairman of the common council of
the said corporation or member of the said common
council or corporation, by us by these presents appointed,
or hereafter from time to time to be elected and ap-
pointed in manner aforesaid, shall have, take, or receive,
directly or indirectly, any salary, fee, perquisite, benefit
or profit whatsoever, for or by reason of his or their
serving the said corporation, or common council of the
said corporation, or president, chairman or common
council-man, or as being a member of the said corpora-
tion. And our will and pleasure is, that the said herein
before appointed president, chairman or common coun-
cil-men, before he and they act respectively as such,
shall severally take an oath for the faithful and due ex-
ecution of their trust, to be administered to the president
by the Chief Baron of our Court of Exchequer, for the
time being, and by the president of the said corporation
to the rest of the common council, who are hereby
authorised severally and respectively, to administer the

i56

DOCUMENTS ILLUSTRATIVE

same. And our will and pleasure is, that all and every
person and persons, shall have in his or their own name
or names, or in the name or names of any person or per-
sons in trust for him or them, or for his or their benefit,
any place, office or employment of profit, under the said
corporation, shall be incapable of being elected a mem-
ber of the said corporation ; and if any member of the
said corporation during such time as he shall continue
a member thereof, shall in his own name or in the
name of any person or persons, in trust for him or for
his benefit, have, hold or exercise, accept, possess
or enjoy, any office, place or employment of profit,
under the said corporation, or under the common council
of the said corporation — such member shall from the
time of his having, holding, exercising, accepting, possess-
ing and enjoying such office, place and employment of
profit, cease to be a member of the said corporation.
And we do for us, our heirs and successors, grant unto
the said corporation, that they and their successors or
the major part of such of them as shall be present at
any meeting of the said corporation, convened and as-
sembled for that purpose by a convenient notice thereof,
shall have power from time to time, and at all times
hereafter, to authorize and appoint such persons as they
shall think fit to take subscriptions, and to gather and
collect such moneys as shall be by any person or per-
sons contributed for the purposes aforesaid ; and shall
and may revoke and make void such authorities and ap-
pointments, as often as they shall see cause so to do.
And we do hereby for us, our heirs and successors,
ordain and direct, that the said corporation every year
lay an account in writing before the chancellor, or
speaker, or commissioners, for the custody of the great
seal of Great-Britain, of us, our heirs and successors ; the
Chief Justice of the Court of King's Bench, the Master
of Rolls, the Chief Justice of the Court of Common Pleas,
and the chief Baron of the Exchequer of us, our heirs

OF AMERICAN HISTORY.

157

and successors for the time being, or any two of them ;
of all moneys and effects by them received or expended,
for carrying on the good purposes aforesaid. And we
do hereby, for us, our heirs and successors, give and
grant unto the said corporation, and their successors, full
power and authority to constitute, ordain and make,
such and so many by-laws, constitutions, orders and
ordinances, as to them, or the greater part of them, at
their general meeting for that purpose, shall seem neces-
sary and convenient for the well ordaining and govern-
ing of the said corporation , and the said by-laws, con-
stitutions, orders and ordinances, or any of them, to
alter and annul, as they or the major part of them then
present shall see requisite ; and in and by such by-laws,
rules, orders and ordinances, to sell, impose and inflict,
reasonable pains and penalties upon any offender or
offenders, who shall trangress, break or violate the said by-
laws, constitutions, orders and ordinances, so made as
aforesaid, and to mitigate the same as they or the major
part of them then present shall think convenient ; which
said pains and penalties, shall and may be levied, sued
for, taken, retained, and recovered, by the said corpora-
tion and their successors, by their officers and servants,
from time to time, to be appointed for that purpose, by
action of debt, or by any other lawful ways or means, to
the use and behoof of the said corporation and their suc-
cessors, all and singular : which by-laws, constitutions,
orders and ordinances, so as aforesaid to be made, we
will shall be duly observed and kept, under the pains and
penalties therein to be contained, so always, as the said
by-laws, constitutions, orders, and ordinances, pains and
penalties, from time to time to be made and imposed,
be reasonable and not contrary or repugnant to the laws
or statutes of this our realm ; and that such by-laws,
constitutions and ordinances, pains and penalties, from
time to time to be made and imposed ; and any repeal
or alteration thereof, or any of them, may be likewise

158

DOCUMENTS ILLUSTRATIVE

agreed to be established and confirmed by the said gen-
eral meeting of the said corporation, to be held and kept
next after the same shall be respectively made. And
whereas the said corporation intend to settle a colony,
and to make an habitation and plantation in that part
of our province of South-Carolina, in America, herein
after described — Know ye, that we greatly desiring the
happy success of the said corporation, for their further
encouragement in accomplishing so excellent a work
have of our aforesaid grace, certain knowledge and
mere motion, given and granted by these presents, for
us, our heirs and successors, do give and grant to the
said corporation and their successors under the reserva-
tion, limitation and declaration, hereafter expressed,
seven undivided parts, the whole in eight equal parts to
be divided, of all those lands, countrys and territories
situate, lying and being in that part of South-Carolina,
in America, which lies from the most northern part of a
stream or river there, commonly called the Savannah,
all along the sea coast to the southward, unto the most
southern stream of a certain other great water or river
called the Alatamaha, and westterly from the heads of
the said rivers respectively, in direct lines to the south
seas ; and all that share, circuit and precinct of land,
within the said boundaries, with the islands on the sea,
lying opposite to the eastern coast of the said lands,
within twenty leagues of the same, which are not inhab-
ited already, or settled, by any authority derived from
the crown of Great-Britain : together with all the soils,
grounds, havens, ports, gulfs, and bays, mines, as well
royal mines of gold and silver, as other minerals, pre-
cious stones, quarries, woods, rivers, waters, fishings,
as well royal fishings of whale and sturgeon as other
fishings, pearls, commodities, jurisdictions, royalties,
franchises, privileges and pre-eminences within the said
frontiers and precincts thereof and thereunto, in any sort
belonging or appertaining, and which we by our letters

OF AMERICAN HIS TOR Y. l - g

patent may or can grant, and in as ample manner and
sort as we may or any of our royal progenitors have
hitherto granted to any company, body politic or corpo-
rate, or to any adventurer or adventurers, undertaker or
undertakers, of any discoveries plantations or traffic, of,
in, or unto any foreign parts whatsoever; and in as legal
and ample manner, as if the same were herein particu-
larly mentioned and- expressed ; to have, hold, possess
and enjoy, the said seven undivided parts, the whole
into eight equal parts, to be divided as aforesaid, of all
and singular the lands, countries and territories, with all
and singular other the premises herein before by these
presents granted or mentioned, or intended to
be granted to them, the said corporation, and their
successors forever, for the better support of the
said colony, to be holden of us, our heirs and suc-
cessors as of our honour of Hampton-court, in our
county of Middlesex in free and common soccage,
and not in capite, yielding, and paying therefor to
us, our heirs and successors yearly forever, the sum
of four shillings for every hundred acres of the said
lands, which the said corporation shall grant, demise,
plant or settle ; the said payment not to commence or
to be made, until ten years after such grant, demise,
planting or settling ; and to be answered and paid to us,
our heirs and successors, in such manner and in such
species of money or notes, as shall be current in pay-
ment, by proclamation from time to time, in our said
province of South-Carolina. All which lands, countries,
territories and premises, hereby granted or mentioned,
and intended to be granted, we do by these presents,
make, erect and create one independent and separate
province, by the name of Georgia, by which name we
will, the same henceforth be called. And that all and
every person or persons, who shall at any time hereafter
inhabit or reside within our said province, shall be, and
are hereby declared to be free, and shall not be subject

1 60 DOCUMENTS ILL USTRA TIVE

to or be bound to obey any laws, orders, statutes or
constitutions, which have been heretofore made, ordered
or enacted by, for, or as, the laws, orders, statutes or
constitutions of our said province of South-Carolina,
(save and except only the in chief of the militia, of our
said province of Georgia, to our governor for the time
being of South-Carolina, in manner hereafter declared ;)
but shall be subject to, and bound to obey, such laws,
orders, statutes and constitutions as shall from time to
time be made, ordered and enacted, for the better
government of the said province of Georgia, in the man-
ner hereinafter declared. And we do hereby, for our
heirs and successors, ordain, will and establish, that for
and during the term of twenty-one years, to commence
from the date of these our letters patent, the said cor-
poration assembled for that purpose, shall and may form
and prepare, laws, statutes and ordinances, fit and neces-
sary for and concerning the government of the said col-
ony, and not repugnant to the laws and statutes of Eng-
land ; and the same shall and may present under their
common seal to us, our heirs and successors, in our or
their privy council for our or their approbation or disal-
lowance : and the said laws, statutes and ordinances, be-
ing approved of by us, our heirs and successors, in our
or their privy council, shall from thence forth be in full
force and virtue within our said province of Georgia.
And forasmuch as the good and prosperous success of
the said colony cannot but chiefly depend, next under
the blessing of God, and the support of our royal author-
ity, upon the provident and good direction of the whole
enterprise, and that it will be too great a burthen upon
all the members of the said corporation to be convened
so often as may be requisite, to hold meetings for the
settling, supporting, ordering, and maintaining the said
colony ; therefore we do will, ordain and establish, that
the said common council for the time being, of the said
corporation being assembled for that purpose, or the

OF AMERICAN HIS TOR Y. 1 g l

major part of them, shall from time to time, and at all
times hereafter, have full power and authority to dispose
of, extend and apply all the monies and effects belong-
ing to the said corporation, in such manner and ways
and by such expenses as they shall think best to con-
duce to the carrying on and effecting the good purposes
herein mentioned and intended ; and also shall have
full power in the name and on account of the said cor-
poration, and with and under their common seal, to enter
under any covenants or contracts, for carrying on and
effecting the purposes aforesaid. And our further will
and pleasure is, that the said common council for the
time being, or the major part of such common council,
which shall be present and assembled for that purpose,
from time to time, and at all times hereafter, shall and
may nominate, constitute and appoint a treasurer or
treasurers, secretary or secretaries, and such other offi-
cers, ministers and servants of the said corporation as to
them or the major part of them as shall be present, shall
seem proper or requisite for the good management of
their affairs ; and at their will and pleasure to displace,
remove and put out such treasurer or treasurers, secre-
tary or secretaries, and all such other officers, ministers
and servants, as often as they shall think fit so to do ;
and others in the room, office, place or station of him or
them so displaced, removed or put out, to nominate,
constitute and appoint ; and shall and may determine
and appoint, such reasonable salaries, perquisites and
other rewards, for their labor, or service of such officers,
servants and persons as to the said common council shall
seem meet ; and all such officers servants and persons
shall, before the acting in their respective offices, take
an oath to be to them administered by the chairman for
the time being of the said common council of the said
corporation, who is hereby authorized to administer the
same, for the faithful and due execution of their respect-
ive offices and places. And our will and pleasure is,
ii

j 62 DOCUMENTS ILL USTRA TIVE

that all such person and persons, who shall from time to
time be chosen or appointed treasurer, or treasurers,
secretary or secretaries of the said corporation, in man-
ner herein after directed, shall during such times as they
shall serve in the said offices respectively, be incapable
of being a member of the said corporation. And we do
further of our special grace, certain knowledge and mere
motion, for us, our heirs and successors, grant, by these
presents, to the said corporation and their successors,
that it shall be lawful for them and their officers or
agents, at all times hereafter, to transport and convey
out of our realm of Great-Britain, or any other of our
dominions, into the said province of Georgia, to be there
settled so many of our loving subjects, or any foreigners
that are willing to become our subjects, and live under
our allegiance, in the said colony, as shall be willing to
go to, inhabit, or reside there, with sufficient shipping,
armour, weapons, powder, shot, ordnance, munition,
victuals, merchandize and wares, as are esteemed by the
wild people ; clothing, implements, furniture, cattle,
horses, mares, and all other things necessary for the said
colony, and for the use and defence and trade with the
people there, and in passing and returning to and from
the same. Also we do, for ourselves and successors,
declare, by these presents, that all and every the persons
which shall happen to be born within the said province,
and every of their children and posterity, shall have and.
enjoy all liberties, franchises and immunities of free deni-
zens and natural born subjects, within any of our domin-
ions, to all intents and purposes, as if abiding and born
within this our kingdom of Great-Britain, or any other
dominion. And for the greater ease and encourage-
ment of our loving subjects and such others as shall
come to inhabit in our said colony, we do by these pres-
ents, for us, our heirs and successors, grant, establish and
ordain, that forever hereafter, there shall be a liberty of
conscience allowed in the worship of God, to all persons

OF AMERICAN HISTORY.

163

inhabiting, or which shall inhabit or be resident within
our said province, and that all such persons, except
papists, shall have a free exercise of religion, so they be
contented with the quiet and peaceable enjoyment of
the same, not giving offence or scandal to the govern-
ment. And our further will and pleasure is, and we do
hereby for us, our heirs and successors, declare and grant,
that it shall and may be lawful for the said common
council, or the major part of them assembled for that
purpose, in the name of the corporation, and under the
common seal, to distribute, convey, assign and set over
such particular portions of lands, tenements and heredita-
ments by these presents granted to the said corporation,
unto such our loving subjects, natural born, denizens or
others that shall be willing to become our subjects, and
live under our allegiance in the said colony, upon such
terms, and for such estates, and upon such rents, reserva-
tions and conditions as the same may be lawfully
granted, and as to the said common council, or the ma-
jor part of them so present, shall seem fit and proper.
Provided always that no grants shall be made of any
part of the said lands unto any person, being a member
of the said corporation ; or to any other person in trust,
for the benefit of any member of the said corporation ;
and that no person having any estate or interest, in law
or equity, in any part of the said lands, shall be capable
of being a member of the said corporation, during the
continuance of such estate or interest. Provided also,
that no greater quantity of lands be granted, either en-
tirely or in parcels, to or for the use, or in trust for any
one person, than five hundred acres ; and that all grants
made contrary to the true intent and meaning hereof, shall
be absolutely null and void. And we do hereby grant
and ordain, that such person or persons, for the time be-
ing as shall be thereunto appointed by the said corpora-
tion, shall and may at all times, and from time to time
hereafter, have full power and authority to administer

164

DOCUMENTS ILLUSTRATIVE

and give the oaths, appointed by an act of parliament,
made in the first year of the reign of our late royal
father, to be taken instead of the oaths of allegiance and
supremacy ; and also the oath of abjuration, to all and
every person and persons which shall at any time be in-
habiting or residing with our said colony ; and in like
cases to administer the solemn affirmation to any of the
persons commonly called quakers, in such manner as by
the laws of our realm of Great-Britain, the same may be
administered. And we do, of our further grace, certain
knowledge and mere motion, grant, establish and ordain,
for us, our heirs and successors, that the said corporation
and their successors, shall have full power and authority,
for and during the term of twenty-one years, to com-
mence from the date of these our letters patent, to erect
and constitute judicatories and courts of record, or other
courts, to be held in the name of us, our heirs and suc-
cessors, for the hearing and determining of all manner of
crimes, offences, pleas, processes, plaints, actions, matters,
causes and things whatsoever, arising or happening,
within the said province of Georgia, or between persons
of Georgia ; whether the same be criminal or civil, and
whether the said crimes be capital or not capital, and
whether the said pleas be real, personal or mixed : and
for awarding and making out executions thereupon ; to
which courts and judicatories, we do hereby, for us, our
heirs and successors, give and grant full power and au-
thority from time to time, to administer oaths for the
discovery of truth in any matter in controversy, or de-
pending before them, or the solemn affirmation, to any
of the persons commonly called quakers, in such manner,
as by the laws of our realm of Great-Britain, the same
may be administered. And our further will and pleasure
is, that the said corporation and their successors, do from
time to time, and at all times hereafter, register or cause
to be registered, all such leases, grants, plantings, con-
veyances, settlements, and improvements whatsoever, as

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l65

shall at any time hereafter be made by, or in the
name of the said corporation of any lands, tenements
or hereditaments within the said province ; and shall
yearly send and transmit, or cause to be sent or trans-
mitted, authentic accounts of such leases, grants, con-
veyances, settlements and improvements respectively,
unto the auditor of the plantations for the time being,
or his deputy, and also to our surveyor for the time
being of our said province of South-Carolina ; to whom
we do hereby grant full power and authority from time
to time, as often as need shall require, to inspect and
survey, such of the said lands and premises, as shall be
demised, granted and settled as aforesaid ; which said
survey and inspection, we do hereby declare, to be
intended to ascertain the quitrents which shall from
time to time become due to us, our heirs and successors,
according to the reservation herein before mentioned,
and for no other purposes whatsoever ; hereby for us,
our heirs and successors, strictly enjoining and command-
ing, that neither our or their surveyor, or any person
whatsoever, under the pretext and colour of making the
said survey or inspection, shall take, demand or receive,
any gratuity, fee or reward, of or from, any person or
persons, inhabiting in the said colony, or from the said
corporation or common council of the same, on the pain
of forfeiture of the said office or offices, and incurring
our highest displeasure. Provided always, and our
further will and pleasure is, that all leases, grants and
conveyances to be made by or in the name of the said
corporation, of any lands within the said province, or a
memorial containing the substance and effect thereof,
shall be registered with the auditor of the said planta-
tions, of us, our heirs and successors, within the space of
one year, to be computed from the date thereof, other-
wise the same shall be void. And our further will and
pleasure is, that the rents, issues and all other profits,
which shall at any time hereafter come to the said corpo-

1 66 DOCUMENTS ILL USTRA TIVE

ration, or the major part of them which shall be present
at any meeting for that purpose assembled, shall think
will most improve and enlarge the said colony, and best
answer the good purposes herein before mentioned, and
for defraying all other charges about the same. And our
will and pleasure is, that the said corporation and their
successors, shall from time to time give in to one of the
principal secretaries of state, and to the commissioners
of trade and plantations, accounts of the progresses of
the said colony. And our will and pleasure is that no
act done at any meeting of the said common council of
the said corporation, shall be effectual and valid, unless
eight members at least of the said common council,
including the member who shall serve as chairman at the
said meeting, be present, and the major part of them
consenting thereunto. And our will and pleasure is, that
the common council of the said corporation for the time
being, or the major part of them who shall be present,
being assembled for that purpose, shall from time to
time, for, and during, and unto the full end and expira-
tion of twenty-one years, to commence from the date of
these our letters patent, have full power and authority to
nominate, make, constitute and commission, ordain and
appoint, by such name or names, style or styles, as to
them shall seem meet and fitting, all and singular such
governors, judges, magistrates, ministers and officers,
civil and military, both by sea and land, within the said
districts, as shall by them be thought fit and needful to
be made or used for the said government of the said
colony ; save always, and except such offices only as shall
by us, our heirs and successors, be from time to time
constituted and appointed, for the managing collecting
and receiving such revenues, as shall from time to time
arise within the said province of Georgia, and become
due to us, our heirs and successors. Provided always,
and it is our will and pleasure, that every governor of the
said province of Georgia, to be appointed by the com-

OF AMERICAN HISTORY.

167

mon council of the said corporation, before he shall
enter upon or execute the said office of governor, shall
be approved by us, our heirs or successors, and shall take
such oaths, and shall qualify himself in such manner, in
all respects, as any governor or commander in chief of
any of our colonies or plantations in America, are bylaw-
required to do ; and shall give good and sufficient se-
curity for observing the several acts of parliament relating
to trade and navigation, and to observe and obey all
instructions that shall be sent to him by us, our heirs
and successors, or any acting under our or their authority,
pursuant to the said acts, or any of them. And we do
by these presents for us, our heirs and successors, will,
grant and ordain, that the said corporation and their
successors, shall have full power for and during and until
the full end and term of twenty-one years, to commence
from the date of these our letters patent, by any com-
mander or other officer or officers, by them for that pur-
pose from time to time appointed, to train and instruct,
exercise and govern a militia, for the special defence and
safety of our said colony, to assemble in martial array,
the inhabitants of the said colony, and to lead and con-
duct them, and with them to encounter, expulse, repel,
resist and pursue, by force of arms, as well by sea as by
land, within or without the limits of our said colony ;
and also to kill, slay and destroy, and conquer by all
fitting ways, enterprizes and means whatsoever, all and
every such person or persons as shall at any time here-
after, in any hostile manner, attempt or enterprize the
destruction, invasion, detriment or annoyance of our said
colony ; and to use and exercise the martial law in time
of actual war and invasion or rebellion, in such cases,
where by law the same may be used or exercised ; and
also from time to time to erect forts, and fortify any
place or places within our said colony, and the same to
furnish with all necessary ammunition, provisions and
stores of war, for offence and defence, and to commit

1 68 DOCUMENTS ILL USTRA TIVE

from time to time the custody or government of the
same, to such person or persons as to them shall seem
meet : and the said forts and fortifications to demolish at
their pleasure ; and to take and surprize, by all ways
and means, all and every such person or persons, with
their ships, arms, ammunition and other goods, as shall
in an hostile manner, invade or attempt the invading,
conquering or annoying of our said colony. And our
will and pleasure is, and we do hereby, for us, our heirs
and successors, declare and grant, that the governor and
commander in chief of the province of South-Carolina,
of us, our heirs and successors, for the time being, shall
at all times hereafter have the chief command of the
militia of our said province, hereby erected and estab-
lished ; and that such militia shall observe and obey all
orders and directions, that shall from time to time be
given or sent to them by the said governor or commander
in chief ; any thing in these presents before contained to
the contrary hereof, in any wise notwithstanding. And,
of our more special grace, certain knowledge and mere
motion, we have given and granted, and by these presents,
for us, our heirs and successors, do give and grant, unto
the said corporation and their successors, full power and
authority to import and export their goods, at and from
any port or ports that shall be appointed by us, our heirs
and successors, within the said province of Georgia, for
that purpose, without being obliged to touch at any
other port in South-Carolina. And we do, by these
presents, for us, our heirs and successors, will and declare,
that from and after the termination of the said term of
twenty-one years, such form of government and method
of making laws, statutes and ordinances, for the better
governing and ordering the said province of Georgia, and
the inhabitants thereof, shall be established and observed
within the same, as we, our heirs and successors, shall
hereafter ordain and appoint, and shall be agreeably to
law : and that from and after the determination of the

OF AMERICAN HISTORY.

i6g

said term of twenty-one years, the governor of our said
province of Georgia, and all officers civil and military,
within the same, shall from time to time be nominated
and constituted, and appointed by us, our heirs and
successors. And lastly, we do hereby, for us, our heirs
and successors, grant unto the said corporation and their
successors, that these our letters patent, or the enrol-
ments or exemplification thereof, shall be in and by all
things good, firm, valid, sufficient and effectual in the
law, according to the true intent and meaning thereof,
and shall be taken, construed and adjudged, in all courts
and elsewhere in the most favorable and beneficial sense,
and for the best advantage of the said corporation and
their successors any omission, imperfection, defect,
matter or cause, or thing whatsoever to the contrary, in
any wise notwithstanding. In witness, we have caused
these our letters to be made patent : witness ourself at
Westminster, the ninth day of June, in the fifth year of
our reign.

By writ of privy-seal.

COOKS.

170

DOCUMENTS ILLUSTRATIVE

FRANKLIN'S PLAN OF UNION— 1754.

Viewing with apprehension the encroachments
of France in America, the Lords of Trade in 1753
directed the governors to recommend their re-
spective assemblies to appoint delegates to a con-
gress to meet at time and place to be fixed by the
Governor of New York. The congress was to
treat with the Six Nations of New York, and secure
their alliance in a possible war with France. It
was suggested that the colonies form a league for
mutual defence. Commissioners from seven col-
onies met at Albany June 19, 1754. After con-
cluding the treaty with the Six Nations, the
following plan of Union, largely drawn by Franklin,
was adopted for recommendation to colonial as-
semblies. The plan was, as Frothingham tersely
says, " rejected in America because it had too much
of the prerogative, and in England because it was
too democratic."

The plan is here given with the interesting
comments of Franklin, which are distinguished by
italics.

Consult Bancroft's U.S., 1st ed., IV., 123;
cen. ed., III., 80; last ed., IV., 387; Hildreth's
U. S., II., 443 ; Frothingham 's Rise, 136 ; Bryant
and Gay's U. S., III., 261 ; Greene's Historical
View, 69; Chalmers' Revolt, II., 271.

OF AMERICA c\' HISTORY.

FRANKLIN'S PLAN OF UNION— 1754.

171

PLAN of a proposed Union of the several Colonies of
Massachusetts-Bay, New Hampshire, Connecticut, Rhode
Island, New-York, New-Jersey, Pennsylvania, Mary-
land, Virginia, North Carolina, and South Carolina for
their mutual Defence and Security, and for the extend-
ing the British Settlements in North America.

That humble application be made for an act of Par-
liament of Great Britain, by virtue of which one general
government may be formed in America, including all
the said Colonies, within and under which government
each Colony may retain its present constitution, except
in the particulars wherein a change may be directed by
the said act, as hereafter follows.

PRESIDENT-GENERAL AND GRAND COUNCIL.

That the said general government be administered by
a President-General, to be appointed and supported by
the crown ; and a Grand Council to be chosen by the
representatives of the people of the several Colonies
met in their respective assemblies.

It was thought that it zvould be best the President-
General should be supported as well as appointed by the
crown, that so all disputes between him and the Grand-
Council concerning Iris salary might be prevented ; as such
disputes have been frequently of mischievous consequence
in particular Colonies, especially in time of public danger.
The quitrents of crown lands in America might in a short
time be sufficient for this purpose. The choice of members
for the Grand-Council is placed in the House of Represent-
atives of each government, in order to give the people a
share in this nezv general government, as the crown has its
share by the appointment of the President-General.

But it being proposed by the gentlemen of the Council of
Nciv York, and some other counsellors among the commis-

172

DOCUMENTS ILLUSTRATIVE

sioners, to alter the plan in this particular, and to give
the governors and councils of the several Provinces a share
in the choice of the Grand-Council, or at least a power of
approving and confirming, or of disallowing, the choice
made by the House of Representatives, it zvas said, — " That
the government or constitution, proposed to be formed by the
plan, consists of two branches : a President-General ap-
pointed by the crown, and a Council chosen by the people, or
by the people's representatives, which is the same thing.

" That, by a subsequent article, the council chosen by the
people can effect nothing without the consent of the Presi-
dent-General appointed by the crown ; the crown possesses,
therefore, full one half of the power of this constitution.

" That in the British constitution, the crown is supposed
to possess but one third, the Lords having their share.

" That the constitution seemed rather more favorable for
the crown.

" That it is essential to English liberty that the subject
should not be taxed but by his own consent, or the conse?it
of his elected representatives.

" That taxes to be laid and levied by this proposed con-
stitution will be proposed and agreed to by the representa-
tives of the people, if the plan in this particular be pre-
served.

" But if the proposed alteration should take place, it
seemed as if matters may be so ma?iaged, as that the crown
shall finally have the appointment, not only of the President-
General, but of a majority of the Grand-Council ; for
seven out of eleven governors and councils are appoi)itcd by
the crown.

" And so the people in all the Colonics would in effect be
taxed by their governors.

" It was therefore apprehended, that such alterations of
the plan would give great dissatisfaction, and that the Col-
onies coidd not be easy under such a power in governors,
and such an infringement of what they take to be English
liberty.

OF AMERICAN HISTORY.

*73

' ' Besides, the giving a share in the choice of the Grand
Council would not be equal with respect to all the Colonies,
as their constitutions differ. In some, both governor and
council are appointed by the crozvn. In others, they are
both appointed by the proprietors. In some, the people have
a share in the choice of the council ; in others, both govern-
ment and council are wholly chosen by the people. But the
House of Representatives is everywhere chosen by the people ;
and, therefore, placing the right of choosing the Grand
Council in the representatives is equal with respect to all.

" That the Grand Council is intended to represent all the
several Houses of Representatives of the Colonies, as a House
of Representatives doth the several towns or counties of a
Colony. Could all the people of a Colony be consulted and
unite in public measures, a House of Representatives would
be needless, and could all the Assemblies consult and unite in
general measures, the Grand Council would be unnecessary.

" That a House of Commons or the House of Representa-
tives, and the Grand Council are alike in their nature and
intention. And, as it would seem improper that the King
or House of Lords should have a power of disallozving or ap-
pointing Members of the House of Commons ; so, likewise,
that a governor and council appointed by the crown should
have a power of disallowing or appointing members of the
Grand Council, who, in this constitution, are to be the rep-
resentatives of the people.

u If the governor and councils therefore were to have a
share in the choice of any that are to conduct this general
government, it should seem more proper that they should
choose the President- General. B?it this being an office of
great trust and importance to the nation, it was thought
better to be filled by the immediate appointment of the
crown.

" The power proposed to be given by the plan to the Grand
Council is only a concentration of the powers of the several
assemblies in certain points for the general welfare ; as the

1/4

DOCUMENTS ILLUSTRATIVE

power of the President-General is of the several governors
in the same point.

" And as the choice therefore of the Grand Council, by
the representatives of the people, neither gives the people any
new powers, nor diminishes the power of the crown, it was
thought and hoped the crown zvould not disapprove of it."

Upon the whole, the commissioners were of opinion, that
the choice was most properly placed in the representatives of
the people.

ELECTION OF MEMBERS.

That within months after the passing such act,

the House of Representatives that happens to be sitting
within that time, or that shall be especially for that
purpose convened, may and shall choose members for
the Grand Council, in the following proportion, that is
to say,

Massachusetts Bay 7

New Hampshire 2

Connecticut • 5

Rhode Island 2

New York 4

New Jersey 3

Pennsylvania 6

Maryland 4

Virginia 7

North Carolina 4

South Carolina 4

48

It was thought, that if the least Colony was allowed two,
and the others in proportion, the number would be very
great, and the expense heavy ; and that less than two would
not be convenient, as, a single person being by any accident
prevented appearing at the meeting, the Colony he ought ap-
pear for would not be represented. That, as the choice was
not immediately popular, they zvould be generally men of good

OF AMERICAN HISTORY.

175

abilities for business, and men of reputation for integrity,
and that forty-eight such men might be a number sufficient.
But, though it was thouglit reasonable that each Colony
should have a share in the representative body in some degree
according to the proportion it contributed to the general
treasury, yet the proportion of wealtJi or power of the Col-
onies is not to be judged by the proportion here fixed : be-
cause it was at first agreed, that the greatest Colony should
not have more than seven members, nor the least less than
two ; and the setting these proportions between these two ex-
tremes was not fiicely attended to, as it would find itself,
after the first election, from the sum brought into the treas-
ury by a subsequent article.

PLACE OF FIRST MEETING.

— Who shall meet for the first time at the city of Phila-
delphia in Pennsylvania, being called by the President-
General as soon as conveniently may be after his ap-
pointment.

Philadelphia was named as being nearer the centre of
the Colonies, where the commissioners would be well and
cheaply accommodated. The high roads, through the whole
extent, are for the most part very good, in which forty or
fifty miles a day may very well be, and frequently are,
travelled. Great part of the way may likewise be gone by
water. In summer time, the passages are frequently per-
formed in a week from Charleston to Philadelphia and
New York, and from Rhode Island to New York through
the Sound, in two or three days, and from New York to
Philadelphia, by zvater and land, in two days, by stage
boats, and street carriages that set out every other day.
The journey from Charleston to Philadelphia may likewise
be facilitated by boats running up Chesapeake Bay three
hundred miles. But if the whole journey be performed on
horseback, the most distant members, viz., the two from
New Hampshire and from South Carolina, may probably

176

DOCUMENTS ILLUSTRATIVE

render themselves at Philadelpliia in fifteen or twenty
days ; the majority may be there in much less time.

NEW ELECTION.

That there shall be a new election of the members of
the Grand Council every three years ; and, on the death
or resignation of any member, his place should be sup-
plied by a new choice at the next sitting of the Assem-
bly of the Colony he represented.

Some Colonies have annual assemblies, some continue
during a governor 's pleasure ; three years was thought a
reasonable medium as affording a new member time to im-
prove liimsclf in the business, and to act after such improve-
ment, and yet giving opportunities, frequctitly enough, to
change him if he lias misbehaved.

PROPORTION OF MEMBERS AFTER THE FIRST THREE

YEARS.

That after the first three years, when the proportion
of money arising out of each Colony to the general
treasury can be known, the number of members to be
chosen for each Colony shall, from time to time, in all
ensuing elections, be regulated by that proportion,
yet so as that the number to be chosen by any one
Province be not more than seven, nor less than two.

By a subsequent article, it is proposed that the Ge?ieral
Council shall lay and levy such general duties as to them
may appear most equal and least burdensome, etc. Suppose,
for instance, they lay a small duty or excise on some com-
modity imported into or made in the Colonies, and pretty gen-
erally and equally used in all of them, as rum, perhaps, or
wi?ie ; the yearly produce of this duty or excise, if fairly col-
lected, would be in some Colonies greater, in others less, as the
Colonics are greater or smaller. When the collector s accounts
are brought in, the proportions zvill appear ; and from them
it is proposed to regulate the proportion of the representa-
tives to be chosen at the next general election, within the

OF AMERICAN HISTORY.

W

limits, however, of seven and two. These numbers may
therefore vary in the course of years, as the Colonies may in
the growth and increase of people. And thus the quota
of tax from each Colony would nattirally vary with its cir-
cumstances, thereby preventing all disputes and dissatisfac-
tion about the just proportions due from each, which might
otherwise produce penicious consequences, and destroy the
harmony and good agreement that ought to subsist between
the several parts of the Union.

MEETINGS OF THE GRAND COUNCIL AND CALL.

That the Grand Council shall meet once in every year,
and oftener if occasion require, at such time and place
as they shall adjourn to at the last preceding meeting,
or as they shall be called to meet at by the President-
General on any emergency ; he having first obtained in
writing the consent of seven of the members to such
call, and sent due and timely notice to the whole.

// was thought, in establishing and governing new Colo-
nies or settlements, or regulating Indian trade, Indian trea-
ties, etc. , there would, every year, sufficient business arise
to require at least one meeting, and at such meeting many
things might be suggested for the benefit of all the Colonies.
This annual meeting may cither be at a time and place cer-
tain, to be fixed by the President-General and Grand Council
at their first meeting ; or left at liberty, to be at such time
and place as they shall adjourn to, or be called to meet at, by
the President-General.

Ii time of war, it seems convenient that the meeting
should be in that colony which is nearest the seat of action.

The poivcr of calling them on any emergency seemed neces-
sary to be vested in the President -General ; but, that such
potver might not be wantonly used to harass the members,
and oblige them to make frequent long journeys to little pur-
pose, the consent of seven at least to such call was supposed
a convenient guard.

i78

DOCUMENTS ILLUSTRATIVE

CONTINUANCE.

That the Grand Council have power to choose their
speaker; and shall neither be dissolved, prorogued, nor
continued sitting longer than six weeks at one time,
without their own consent or the special command of the
crown.

The speaker should be presented for approbation ; it being
convenient ', to prevent misunderstandings and disgusts, that
the mouth of the Council should be a persoji agreeable, if
possible, to the Council and President-General.

Governors have sometimes wantonly exercised the power of
proroguing or continuing the sessions of assemblies, merely
to harass the members and compel a compliance ; and some-
times dissolve them on slight disgusts. This it was feared
might be done by the President-General, if not provided
against ; and the inconvenience and JiardsJiip would be
greater in the general government than in particular Colo-
nies, in proportion to the distance the members must be
from home during sittings, and the long journeys some of
them must necessarily take.

MEMBERS' ALLOWANCE.

That the members of the Grand Council shall be al-
lowed for their service ten shillings per diem, during
their session and journey to and from the place of meet-
ing ; twenty miles to be reckoned a day's journey.

// was thought proper to alloiv some wages, lest the ex-
pense might deter some suitable persons from the service;
and not to alloiv too great wages, lest unsuitable persons
should be tempted to cabal for the employment, for the sake
of gain. Twenty miles were set down as a days journey,
to allow for accidental hindrances on the road, and the
greater expenses of travelling than residing at the place of
meeting.

OF AMERICAN HIS TOR Y. l jq

ASSENT OF PRESIDENT-GENERAL AND HIS DUTY.

That the assent of the President-General be requisite
to all acts of the Grand Council, and that it be his office
and duty to cause them to be carried into execution.

The assent of the President-General to all acts of the
Grand Council was made necessary in order to give the
crown its due share of influence in this government, and
connect it with that of Great Britain. The President-Gen-
eral, besides one half of the legislative power, hath in his
ha/ids the whole executive power.

POWER OF PRESIDENT-GENERAL AND GRAND COUNCIL,
TREATIES OF PEACE AND WAR.

That the President-General, with the advice of the
Grand Council, hold or direct all Indian treaties, in
which the general interest of the Colonies may be con-
cerned, and make peace or declare war with Indian na-
tions.

The power of making peace or war with Indian nations is
at present supposed to be in every Colony, and is expressly
granted to some by charter, so that no new power is hereby
intended to be granted to the Colonies. But as, in conse-
quence of this poiver, one Colony might make peace with a
nation that another was justly engaged in war with ; or
make war on slight occasion without the concurrence or ap-
probation of neighboring Colonics, greatly endangered by it ;
or make particular treaties of neutrality in case of a general
war, to their own private advantage in trade, by supplying
the common enemy, of all which there have been instances,
it was thought better to have all treaties of a general nature
under a general direction, that so the good of the whole may
be consulted and provided for.

INDIAN TRADE.

That they make such laws as they judge necessary for
regulating all Indian trade.

I So DOCUMENTS ILL USTRA TIVE

Many quarrels and wars have arisen between the colonies
and Indian nations, tlirougJi the bad conduct of traders, who
cheat the Indians after making them drunk, etc., to the
great expense of the colonies, both in blood and treasure.
Particular colonies are so interested in the trade, as not to
be willing to admit such a regulation as might be best for
the whole ; and therefore it was thought best under a general
direction.

INDIAN PURCHASES.

That they make all purchases from Indians, for the
crown, of lands not now within the bounds of particular
colonies, or that shall not be within their bounds when
some of them are reduced to more convenient dimen-
sions.

Purchases from the Indians, made by private persons,
have been attended with many inconveniences. They have
frequently interfered and occasioned uncertainty of titles,
many disputes and expensive lawsuits, and hindered the set-
tlement of the land so disputed. Then the Indians have
been cheated by such private purchases, and discontent and
wars have been the consequence. These would be prevented
by public fair purchases.

Several of the Colony charters in America extend their
bounds to the South Sea, which may perhaps be three or
four thousand miles in length to one or two hundred miles
in breadtJi. It is supposed they must in time be reduced to
dimensions more convenient for the common purposes of gov-
ernment.

Very little of the land in these grants is yet purchased
of the Indians.

It is much cheaper to purchase of them, than to take and
maintain the possession by force ; for they are generally
very reasonable in their demands for land; and the ex-
pense of guarding a large frontier against their incursions
is vastly great ; because all must be guarded, and always
guarded, as we know not where or when to expect them.

OF AMERICAN HISTOR V. 1 3 :

NEW SETTLEMENTS.

That they make new settlements on such purchases by-
granting lands in the King's name, reserving a quit-rent
to the crown for the use of the general treasury.

■

It is supposed better that there should be one purchaser
than many ; and that the crown should be that purcliaser,
or the Union in the name of the crown. By this means the
bargains may be more easily made, the price not enhanced
by numerous bidders, future disputes about private Indian
purchases, and monopolies of vast tracts to particular per-
sons {which are prejudicial to the settlement and peopling
of the cotintry), prevented ; and, the land being again
granted in small tracts to the settlers, the quit-rents re-
served may in time become a fund for support of govern-
ment, for defence of the country, ease of taxes, etc.

Strong forts on the Lakes, the Ohio, etc., may, at the
same time they secure our present frontiers, serve to de-
fend new colonies settled under their protection ; and such
colonies would also mutually defend and support such
forts, and better secure the friendship of the far Indians.

A particular colony has scarce stre?igth enough to exert
itself by new settlements, at so great a distance from the
old ; but the joint force of the Union might suddenly estab-
lish a new colony or two in those parts, or extend an old
colony to particular passes, greatly to the security of our
present frontiers, increase of trade and people, breaking off
the French communication between Canada and Louisiana,
and speedy settlement of the intermediate lands.

The pozver of settling new colonies is therefore thought a
valuable part of the plan, and what cannot so well be ex-
ecuted by tzvo unions as by one.

LAWS TO GOVERN THEM.

That they make laws for regulating and governing
such new settlements, till the crown shall think fit to
form them into particular governments.

j g2 DOCUMENTS ILL USTRA TIVE

The making of laws suitable for the new colonics, it
was thought, would be properly vested in the president-
general and grand council ; under whose protection they
must at first necessarily be, and ivho would be well ac-
quainted with their circumstances, as having settled them.
When they arc become sufficiently populous, they may by
the crozvn be formed into complete and distinct governments.

The appointment of a sub-president by the crown, to take
place in case of the death or absence of the president -gen-
eral, would perhaps be an improvement of the plan ; and if
all the governors of particular provinces were to be formed
into a standing council of state, for the advice and assist-
ance of the president-general, it might be another consider-
able improvement.

RAISE SOLDIERS, AND EQUIP VESSELS, ETC.

That they raise and pay soldiers and build forts
for the defence of any of the colonies, and equip vessels
of force to guard the coasts and protect the trade on the
ocean, lakes, or great rivers ; but they shall not impress
men in any colony, without the consent of the legisla-
ture.

// was thought, that quotas of men, to be raised and
paid by the several colonies, and joined for any public ser-
vice, could not always be got together with the necessary ex-
pedition. For instance, suppose one thousand men should
be wanted in New Hampshire on any emergency. To
fetch them by fifties and hundreds out of every colony, as
far as South Carolina, would be inconvenient, the transpor-
tation chargeable, and the occasion perhaps passed before
they could be assembled; and therefore it would be best to
raise them {by offering bounty money and pay) near the
place where they would be wanted, to be discharged again
when the service should be over.

Particular colonies are at present backward to build
forts at their own expense, wliicli they say will be equally
useful to their neighboring colonies, who refuse to join, on

OF AMERICAN HISTORY.

183

a presumption that such forts will be built and kept up,
though they contribute nothing. This unjust conduct weak-
ens the whole ; but, the forts being for the good of the whole,
it was thought best they sJwuld be built and maintained by
the zuhole, out of the common treasury.

In the time of war, small vessels of force are sometimes
necessary in the colonies to scour the coasts of small priva-
teers. These being provided by the Union will be an ad-
vantage in turn to the colonies which are situated on the
sea, and whose frontiers o?i the land-side, being covered by
other colonies, reap but little immediate benefit from the
advanced forts.

POWER TO MAKE LAWS, LAY DUTIES, ETC.

That for these purposes they have power to make laws
and lay and levy such general duties, imposts or taxes,
as to them shall appear most equal and just (considering
the ability and other circumstances of the inhabitants in
the several colonies), and such as may be collected with
the least inconvenience to the people ; rather discourag-
ing luxury, than loading industry with unnecessary bur-
dens.

The laws which the president-general and grand coun-
cil are empowered to make are such only as shall be neces-
sary for the government of the settlements ; the raising, reg-
ulating, and paying soldiers for the general service ; the
regulating of Indian trade ; and laying and collecting the
general duties and taxes. They should also have a power
to restrain the exportation of provisions to the enemy from
any of the colonies, on particular occasions, in time of zvar.
But it is not intended that they may interfere with the con-
stitution or government of the particular colonies, who are
to be left to their own laws, and to lay, levy and apply their
own taxes as before.

1 84 DOCUMENTS ILL USTRA TIVE

GENERAL TREASURER AND PARTICULAR TREASURER.

That they may appoint a General Treasurer, and Par-
ticular Treasurer in government when necessary ; and,
from time to time, may order the sums in the treasuries
of each government into the general treasury, or draw
on them for special payments, as they find most conven-
ient.

The treasurers here meant are only for the general funds
and ?iot for the particular funds of each colony, which re-
main in the hands of their own treasurers at their own dis-
posal.

MONEY, HOW TO ISSUE.

Yet no money to issue but by joint orders of the Pres-
ident-General and Grand Council, except where sums have
been appointed to particular purposes, and the President-
General is previously empowered by an act to draw such
sums.

To prevent misapplicatio7i of the money, or even applica-
tion that might be dissatisfactory to the crown or the people,
it was thought necessary to join the president-general and
grand council in all issues of money

ACCOUNTS.

That the general accounts shall be yearly settled and
reported to the several Assemblies.

By communicating the accounts yearly to each Assembly,
they will be satisfied of the prudent and honest conduct of
their representatives in the grand council.

QUORUM.

That a quorum of the Grand Council, empowered to
act with the President-General, do consist of twenty-
five members ; among whom there shall be one or more
from a majority of the Colonies.

OF AMERICAN HIS TOR Y. ^5

The quorum seems large, but it was thought it would
not be satisfactory to the colonies in general, to have mat-
ters of importance to the whole transacted by a smaller
number, or even by this number of twenty-five, unless there
were among them one at least from a majority of the col-
onies, because otherwise, the whole quorum being made up
of members from tJiree or four colonies at one end of the
union, something might be done that would not be equal
with respect to the rest, and tlicnce dissatisfaction and dis-
cords miglit rise to the prejudice of the whole.

LAWS TO BE TRANSMITTED.

That the laws made by them for the purposes afore-
said shall not be repugnant, but, as near as may be,
agreeable to the laws of England, and shall be trans-
mitted to the King in Council for approbation, as soon
as may be after their passing ; and if not disapproved
within three years after presentation, to remain in force.

This was thought necessary for the satisfaction of the
crown, to preserve the connection of the parts of the British
empire with the whole, of the members with the head, and
to induce greater care and circumspection in making of the
laws, that they be good in themselves and for the general
benefit.

DEATH OF THE PRESIDENT-GENERAL.

That, in case of the death of the President-General, the
Speaker of the Grand Council for the time being shall
succeed, and be vested with the same powers and authori-
ties, to continue till the King's pleasure be known.

It miglit be better, perhaps, as was said before, if the
crown appointed a vice-president, to take place on the dcatJi
or absence of the president-general ; for so we should be
more sure of a suitable person at the head of the colonies.
On the death or absence of both, the speaker to take place
{or rather the eldest King's governor) till his Majesty's
pleasure be known.

! 56 DOCUMENTS ILL USTRA TIVE

OFFICERS, HOW APPOINTED.

That all military commission officers, whether for land
or sea service, to act under this general constitution,
shall be nominated by the President-General ; but the
approbation of the Grand Council is to be obtained, be-
fore they receive their commissions. And all civil offi-
cers are to be nominated by the Grand Council, and to
receive the President-General's approbation before they
officiate.

It was thought it might be very prejudicial to the service,
to have officers appointed unknown to the people or unaccept-
able, the generality of Americans serving willingly under
officers they know ; and not caring to engage in the service
under strangers, or such as are often appointed by govern-
ors through favor or interest. The service here meant, is
not the stated, settled service in standing troops ; but any
sudden and short service, either for defence of our colonics,
or invading the enemy s country {such as the expeditioji to
Cape Breton in the last war ; in which many substantial
farmers and tradesmen engaged as common soldiers, under
officers of their own country, for whom they had an esteem
and affection ; zvho would not have engaged in a standing
army, or under officers from England}. It was tJicrefore
thought best to give the Council the power of approving the
officers, which the people will look on as a great security of
their being good men. And without some such provision as
this, it zvas thought the expense of engaging men in the ser-
vice on any emergency would be much greater, and the
number who could be induced to engage much less ; and
that therefore it would be most for the King's service and
the general benefit of the ?iation, that the prerogative should
relax a little in this particular throughout all the colonies
in America; as it had already done much more in the
charters of some particular colonies, viz. : Connecticut and
Rhode Island.

The civil officers zvill be chiefly treasurers and collectors

OF AMERICAN HISTORY.

18/

of taxes ; and the suitable persons are most likely to be
known by the council.

VACANCIES, HOW SUPPLIED.

But, in case of vacancy by death or removal of any
officer civil or military, under this constitution, the Gov-
ernor of the province in which such vacancy happens,
may appoint, till the pleasure of the President-General
and Grand Council can be known.

The vacancies were thought best supplied by the governors
in each province, till a new appointment can be regularly
made ; otherwise the service might suffer before the meet-
ing of the president-general and grand council.

EACH COLONY MAY DEFEND ITSELF IN
EMERGENCY, ETC.

That the particular military as well as civil establish-
ments in each colony remain in their present state, the
general constitution notwithstanding ; and that on sud-
den emergencies any colony may defend itself, and lay
the accounts of expense thence arising before the presi-
dent-general and general council, who may allow and
order payment of the same, as far as they judge such
accounts just and reasonable.

Otherwise the union of the whole would weaken the parts,
contrary to the design of the union. The accounts are to be
judged of by the president-general and grand council, and
allowed if found reasonable. This was thought necessary
to encourage colonies to defend themselves, as the expense
would be light when borne by the whole ; and also to
check imprudetit and lavish expense in such defences.

DOCUMENTS ILLUSTRATIVE

DECLARATION OF RIGHTS— 1765.

The New York Congress, "the Day Star of
the American Union," summoned by the Massa-
chusetts legislature, met at the City Hall in New-
York, Oct. 7, 1765. It consisted of twenty-eight
delegates from nine colonies, Virginia, New
Hampshire, Georgia, and North Carolina being un-
represented. It was much debated whether to
found American liberties on natural rights or on
royal charters, but the former ground was finally
taken. On the 25th the delegates who were so
authorized (viz., those from Massachusetts, New
Jersey, Rhode Island, Pennsylvania, Delaware and
Maryland), signed the Declaration of Rights, and
the Congress adjourned. " Perhaps the best gen-
eral summary of the rights and liberties asserted
by all the colonies, is contained in the celebrated
declaration drawn up by the Congress of the nine
colonies assembled at New York, October, 1 765."
(Judge Story.)

Consult Bancroft's U. S., 1st ed., V., 342 ; cen.
ed., III., 508 ; last, III., 154 ; Hildreth's U. S., II.,
530 ; Story 's Constitution, I., 175 ; Frothingham 's
Rise, 186; Bryant and Gay's U. S., II., 340;
Greene's Historical View, 72 ; Pitkin's U. S., I.,
178.

OF AMERICAN HISTORY.

189

RESOLVES OF THE CONVENTION OF THE
ENGLISH COLONIES AT NEW YORK, OCTO-
BER 19, 1765.

The Congress upon mature deliberation, agreed to the
following declarations of the rights and grievances of the
colonists in America :

The members of this congress, sincerely devoted, with
the warmest sentiments of affection and duty, to His
Majesty's person and government, inviolably attached to
the present happy establishment of the Protestant suc-
cession, and with minds deeply impressed by a sense of
the present and impending misfortunes of the British
colonies on this continent ; having considered as ma-
turely as time will permit, the circumstances of the said
colonies, esteem it our indispensable duty to make the
following declarations of our humble opinion respecting
the most essential rights and liberties of the colonists
and of the grievances under which they labor by reason
of the several late acts of Parliament.

1. That His Majesty's subjects in these colonies, owe
the same allegiance to the crown of Great Britain, that is
owing from his subjects born within the realm ; and all
due subordination to that august body, the Parliament
of Great Britain.

2. That His Majesty's liege subjects, in these colonies,
are entitled to all the inherent rights and liberties of
his natural born subjects within the kingdom of Great
Britain.

3. That it is inseparably essential to the freedom of
a people, and the undoubted right of Englishmen, that
no taxes be imposed on them but with their own con-
sent, given personally, or by their representatives.

4. That the people of these colonies are not, and from
their local circumstances cannot be, represented in the
House of Commons, in Great Britain.

190

DOCUMENTS ILLUSTRATIVE

5. That the only representatives of the people of these
colonies, are persons chosen therein by themselves ; and
that no taxes ever have been, or can be constitutionally
imposed on them, but by their respective legislatures.

6. That all supplies to the crown, being the free gifts
of the people, it is unreasonable and inconsistent with
the principles and spirit of the British constitution, for
the people of Great Britain to grant to His Majesty, the
property of the colonists.

7. That trial by jury is the inherent and invaluable
right of every British subject in these colonies.

8. That the late act of Parliament, entitled " An act
for granting and applying certain stamp duties, and other
duties in the British colonies and plantations, in Amer-
ica, etc.," by imposing taxes on the inhabitants of these
colonies, and the said act, and several other acts, by ex-
tending the jurisdiction of the courts of admiralty
beyond its ancient limits, have a manifest tendency to
subvert the rights and liberties of the colonists.

9. That the duties imposed by several late acts of
Parliament, from the peculiar circumstances of these col-
onies, will be extremely burthensome and grievous, and
from the scarcity of specie, the payment of them abso-
lutely impracticable.

10. That as the profits of the trade of these colonies
ultimately centre in Great Britain, to pay for the manu-
factures which they are obliged to take from thence, they
eventually contribute very largely to all supplies granted
there to the crown.

11. That the restrictions imposed by several late acts
of Parliament on the trade of these colonies, will render
them unable to purchase the manufactures of Great
Britain.

12. That the increase, prosperity, and happiness of these
colonies depend on the full and free enjoyments of their
rights and liberties, and an intercourse with Great Britain,
mutually affectionate and advantageous.

OF AMERICAN HISTORY.

I9I

13. That it is the right of the British subjects in these
colonies to petition the King, or either house of Parlia-
ment.

Lastly. That it is the indispensable duty of these colo-
nies, to the best of sovereigns, to the mother country,
and to themselves, to endeavour by a loyal and dutiful
address to His Majesty, and humble applications to both
houses of Parliament, to procure the repeal of the act
for granting and applying certain stamp duties, of all
clauses of any other acts of Parliament, whereby the
jurisdiction of the admiralty is extended, as aforesaid,
and of the other late acts for the restriction of American
commerce.

! Q2 DOCUMENTS ILL USTRA TIVE

DECLARATION OF RIGHTS AND NON-
IMPORTATION AGREEMENT— 1774.

The congress of 1774 met at Philadelphia,
Sept. 5th. On the second day of the session,
it was " Resolved, unanimously that a committee
be appointed to state the rights of the colonies in
general, the several instances in which these rights
are violated or infringed, and the means most
proper to be pursued for obtaining a restoration of
them." The report of the committee (presented
Sept. 21) provoked much discussion, and it was
not till Congress had limited the field to rights in-
fringed by acts of parliament since 1763, previous
violations having been considered by the Congress
of 1765, that the Declaration was agreed upon,
Oct. 14.

Congress also decided on commercial non-inter-
course with England, thus returning to the policy
first adopted in opposition to the Stamp Act in
1765, and revived in the early days of the republic
by the embargoes of Washington and Jefferson.
This non-importation agreement was signed Oct.
20, by fifty members, who thus formed what John
Adams called, tl the memorable league of the conti-
nent in 1774, which first expressed the sovereign
will of a free nation in America." Equally em-
phatic is the verdict of Hildreth : " the signature of
the association by the members of congress may

OF AMERICAN HIS TOR Y. x g ->

be considered as the commencement of the Ameri-
can Union."

Consult Bancroft's, U. S., ist. ed., VI., 146;
cen. ed., IV., 406 ; last ed., IV., 65 et seq. ; Hil-
dreth's, U. S., III., 43; Frothingham' s Rise,
371 ; Story's Constitution, I., 179; Bryant and
Gay's U. S., III., 341 ; Greene's Historical View,
83 ;uCurtis' Constitution, I., 22 ; Pitkin's, U. S.,l.,
283.

DECLARATION OF RIGHTS— 1774.

WHEREAS, since the close of the last war, the British
parliament claiming a power of right, to bind the people
of America by statutes in all cases whatsoever, hath, in
some acts, expressly imposed taxes on them, and in others,
under various pretences, but in fact for the purpose of
raising a revenue, hath imposed rates and duties payable
in these colonies, established a board of commissioners,
with unconstitutional powers, and extended the jurisdic-
tion of courts of admiralty, not only for collecting the
said duties, but for the trial of causes merely arising
within the body of a county.

And whereas, in consequence of other statutes,
judges, who before held only estates at will in their
offices, have been made dependent on the crown alone
for their salaries, and standing armies kept in time of
peace : And whereas it has lately been resolved in par-
liament, that by force of a statute, made in the thirty-fifth
year of the reign of King Henry the Eighth, colonists may
be transported to England, and tried there upon accusa-
tions for treasons, and misprisions, or concealments of
treasons committed in the colonies, and by a late statute,
such trials have been directed in cases therein mentioned.

And whereas, in the last session of parliament, three
statutes were made ; one, entitled " An act to discontinue,
'3

194 DOCUMENTS ILLUSTRATIVE

in such manner, and for such time as are therein men-
tioned, the landing and discharging, lading or shipping of
goods, wares and merchandise, at the town, and within
the harbour of Boston, in the province of Massachusetts-
Bay, in North America ; " another, entitled, " An act for
the better regulating the government of the province of
Massachusetts-Bay in New England; " and another, en-
titled, " An act for the impartial administration of jus-
tice, in the cases of persons questioned for any act done
by them in the execution of the law, or for the suppres-
sion of riots and tumults, in the province of Massachusetts-
Bay in New England ; " and another statute was then
made, " for making more effectual provision for the gov-
ernment of the province of Quebec, etc." All which
statutes are impolitic, unjust, and cruel, as well as uncon-
stitutional, and most dangerous and destructive of Amer-
ican rights.

And whereas, assemblies have been frequently dissolved,
contrary to the rights of the people, when they at-
tempted to deliberate on grievances, and their dutiful,
humble, loyal, and reasonable petitions to the crown for
redress, have been repeatedly treated with contempt by
his majesty's ministers of state :

The good people of the several colonies of New-Hamp-
shire, Massachussetts-Bay, Rhode-Island and Providence
Plantations, Connecticut, New-York, New-Jersey, Penn-
sylvania, New-Castle, Kent and Sussex, on Delaware,
Maryland, Virginia, North-Carolina, and South-Carolina
justly alarmed at these arbitrary proceedings of parliament
and administration, have severally elected, constituted
and appointed deputies to meet, and sit in General Con-
gress, in the city of Philadelphia, in order to obtain such
establishment, as that their religion, laws, and liberties,
may not be subverted. Whereupon the deputies so ap-
pointed being now assembled, in a full and free represen-
tation of these colonies, taking into their most serious
consideration, the best means of attaining the ends

OF AMERICAN HISTOR Y. 1 g *

aforesaid, do, in the first place, as Englishmen, their an-
cestors in like cases have usually done, for effecting and
vindicating their rights and liberties, DECLARE,

That the inhabitants of the English colonies in North-
America, by the immutable laws of nature, the principles
of the English constitution, and the several charters or
compacts, have the following RIGHTS :

Resolved, N. C. D. i. That they are entitled to life, lib-
erty, and property, and that they have never ceded to any
sovereign power whatever, a right to dispose of either
without their consent.

Resolved, N. C. D. 2. That our ancestors, who first
settled these colonies, were at the time of their emigra-
tion from the mother country, entitled to all the rights,
liberties, and immunities of free and natural-born sub-
jects, within the realm of England.

Resolved, N. C. D. 3. That by such emigration, they
by no means forfeited, surrendered, or lost any of those
rights, but that they were, and their descendants now
are, entitled to the exercise and enjoyment of all such of
them, as their local and other circumstances enable them
to exercise and enjoy.

Resolved, 4. That the foundation of English liberty,
and of all free government, is a right in the people to
participate in their legislative council : and as the English
colonists are not represented, and from their local and
other circumstances, cannot properly in the British parlia-
ment, they are entitled to a free and exclusive power of
legislation in their several provincial legislatures, where
their right of representation can alone be preserved, in
all cases of taxation and internal polity, subject only to
the negative of their sovereign, in such manner as has
been heretofore used and accustomed. But, from the
necessity of the case, and a regard to the mutual interest
of both countries, we cheerfully consent to the operation
of such acts of the British parliament ; as are bona fide,
restrained to the regulation of our external commerce,

196

DOCUMENTS ILLUSTRATIVE

for the purpose of securing the commercial advantages of
the whole empire to the mother country, and the com-
mercial benefits of its respective members ; excluding
every idea of taxation internal or external, for raising a
revenue on the subjects in America, without their con-
sent.

Resolved, N. C. D. 5. That the respective colonies are
entitled to the common law of England, and more espe-
cially to the great and inestimable privilege of being
tried by their peers of the vicinage, according to the
course of that law.

Resolved, 6. That they are entitled to the benefit of
such of the English statutes, as existed at the time of
their colonization ; and which they have, by experience,
respectively found to be applicable to their several local
and other circumstances.

Resolved, N. C. D. 7. That these, his majesties colo-
nies, are likewise entitled to all the immunities and privi-
leges granted and conformed to them by royal charters,
as secured by their several codes of provincial laws.

Resolved, N. C. D. 8. That they have a right peace-
able to assemble, consider of their grievances, and peti-
tion the king; and that all prosecutions, prohibiting
proclamations, and commitments for the same are ille-
gal.

Resolved, N. C. D. 9. That the keeping a standing
army in these colonies, in times of peace, without the
consent of the legislature of that colony, in which such
army is kept, is against law.

Resolved, N. C. D. 10. It is indispensably necessary to
good government, and rendered essential by the Eng-
lish constitution, that the constituent branches of the
legislature be independent of each other ; that, there-
fore, the exercise of legislative power in several colonies,
by a counsel appointed, during pleasure, by the crown,
is unconstitutional, dangerous and destructive to the
freedom of American legislation.

OF AMERICAN HISTOR Y. l gj

All and each of which the aforesaid deputies, in behalf of
themselves, and their constituents, do claim, demand, and
insist on, as their indubitable rights and liberties ; which
cannot be legally taken from them, altered or abridged
by any power whatever, without their own consent, by
their representatives in their several provincial legisla-
tures.

In the course of our inquiry, we find many infringe-
ments and violations of the foregoing rights, which from
an ardent desire, that harmony and mutual intercourse
of affection and interest may be restored, we pass over
for the present, and proceed to state such acts and
measures as have been adopted since the late war, which
demonstrate a system formed to enslave America.

Resolved, N. C. D. The following acts of parliament
are infringements and violations of the rights of the col-
onists ; and that the repeal of them is essentially neces-
sary, in order to restore harmony between Great Britain
and the American colonies, viz. :

The several acts of 4 Geo. III. ch. 15, and ch.
34. — 5 Geo. III. ch. 25. — 6 Geo. III. ch. 52. — 7 Geo.
III. ch. 41, and ch. 46. — 8 Geo. III. ch. 22, which im-
pose duties for the purpose of raising a revenue in Amer-
ica, extend the power of the admiralty courts beyond
their ancient limits, deprive the American subject of
trial by jury, authorize the judges' certificate to indem-
nify the prosecutor from damages, that he might other-
wise be liable to, requiring oppressive security from a
claimant of ships and goods seized, before he shall be al-
lowed to defend his property, and are subservient of
American rights.

Also 12 Geo. III. ch. 24, entitled "An act for the
better securing his majesty's dock-yards, magazines,
ships, ammunition, and stores," which declares a new of-
fence in America, and deprives the American subject of a
constitutional trial by jury of the vicinage, by authoriz-
ing the trial of any person, charged with the committing

198

DOCUMENTS ILLUSTRATIVE

any offence described in the said act, out of the realm,
to be indicted and tried for the same in any shire or
county within the realm.

Also the three acts passed in the last session of parlia-
ment, for stopping the port and blocking the harbour of
Boston, for altering the charter and government of
Massachusetts-Bay, and that which is entitled "An act
for the better administration of Justice, etc."

Also the act passed in the same session for establish-
ing the Roman Catholic religion, in the province of Que-
bec, abolishing the equitable system of English laws,
and erecting a tyranny there, to the great danger (from
so total a dissimilarity of religion, law and government)
of the neighboring British Colonies, by the assistance of
whose blood and treasure the said country was con-
quered from France.

Also, the act passed in the same session, for the better
providing suitable quarters for officers and soldiers in his
majesty's service, in North-America.

Also, that the keeping a standing army in several of
these colonies, in time of peace, without the consent of
the legislature of that colony, in which such army is
kept, is against law.

To these grievous acts and measures, Americans can-
not submit, but in hopes their fellow-subjects in Great
Britain will, on a revision of them, restore us to that
state, in which both countries found happiness and pros-
perity, we have for the present, only resolved to pursue
the following peaceable measures : 1. To enter into a
non-importation, non-consumption, and non-exportation
agreement or association. 2. To prepare an address to
the people of Great Britain, and a memorial to the in-
habitants of British America : and 3. To prepare a
loyal address to his majesty, agreeable to resolutions al-
ready entered into.

OF AMERICAN HIS TOR Y. j qq

THE ASSOCIATION OF 1774.

We, his Majesty's most loyal subjects, the Delegates of
the several Colonies of New Hampshire, Massachusetts
Bay, Rhode Island, Connecticut, New York, New Jersey,
Pennsylvania, the three Lower Counties of New-Castle,
Kent, and Sussex, on Delaware, Maryland, Virginia,
North Carolina, and South Carolina, deputed to repre-
sent them in a Continental Congress, held in the City of
Philadelphia, on the fifth day of September, 1774, avow-
ing our allegiance to his Majesty, our affection and re-
gard for our fellow subjects in Great Britain and else-
where, affected with the deepest anxiety ; and most
alarming apprehensions at those grievances and dis-
tresses, with which his Majesty's American subjects are
oppressed, and having taken under our most serious
deliberation, the state of the whole Continent, find, that
the present unhappy situation of our affairs, is occasioned
by a ruinous system of Colony Administration adopted
by the British Ministry about the year 1763, evidently
calculated for enslaving these Colonies, and, with them,
the British Empire.

In prosecution of which system, various Acts of Parlia-
ment have been passed for raising a Revenue in America,
for depriving the American subjects, in many instances,
of the constitutional trial by jury, exposing their lives to
danger, by directing a new and illegal trial beyond the
seas, for crimes alledged to have been committed in Amer-
ica : and in prosecution of the same system, several
late, cruel, and oppressive Acts have been passed re-
specting the Town of Boston and the Massachusetts Bay,
and also an Act for extending the Province of Quebec,
so as to border on the Western Frontiers of these Colo-
nies, establishing an arbitrary government therein, and
discouraging the settlement of British subjects in that
wide extended country ; thus, by the influence of civil

20O DOCUMENTS ILLUSTRATIVE

principles and ancient prejudices, to dispose the inhabi-
tants to act with hostility against the free Protestant
Colonies, whenever a wicked Ministry shall chuse to
direct them.

To obtain redress of these Grievances, which threaten
destruction to the Lives, Liberty, and Property of his
Majesty's subjects in North-America, we are of opinion,
that a Non-Importation, Non-Consumption, and Non-Ex-
portation Agreement, faithfully adhered to, will prove
the most speedy, effectual, and peaceable measure ; and,
therefore, we do, for ourselves, and the inhabitants of the
several Colonies, whom we represent, firmly agree and
associate, under the sacred ties of Virtue, Honor and
Love of our Country, as follows :

First. That from and after the first day of December
next, we will not import into British America, from Great-
Britain or Ireland, any Goods, Wares, or Merchandise
whatsoever, or from any other place, any such goods,
wares, or merchandise, as shall have been exported from
Great-Britain or Ireland ; nor will we, after that day,
import any East India Tea from any part of the World ;
nor any Molasses, Syrups, Paneles, Coffee or Pimento,
from the British Plantations or from Dominica ; nor
Wines from Madeira, or the Western Islands ; nor Foreign
Indigo.

Second. We will neither import nor purchase any
Slave imported, after the first day of December next ;
after which time we will wholly discontinue the Slave
Trade, and will neither be concerned in it ourselves, nor
will we hire our vessels, nor sell our Commodities or Man-
ufactures to those who are concerned in it.

Third. As a Non-Consumption Agreement, strictly ad-
hered to, will be an effectual security for the observance
of the Non-Importation, we, as above, solemnly agree and
associate, that from this day we will not purchase or
use any Tea imported on account of the East India Com-
pany, or any on which a Duty hath been or shall be paid ;

OF AMERICAN HISTORY.

201

and from and after the first day of March next, we will
not purchase or use any East India Tea whatever ; nor
will we, nor shall any person for or under us, purchase or
use any of those Goods, Wares, or Merchandises, we have
agreed not to import, which we shall know, or have cause
to suspect, were imported after the first day of Decem-
ber, except such as come under the rules and regulations
of the tenth article hereafter mentioned.

FonrtJi. The earnest desire we have, not to injure our
fellow-subjects in Great Britain, Ireland or the West-
Indies, induces us to suspend a Non-Exportation, until the
tenth day of September, 1775 ; at which time, if the said
Acts and parts of Acts of the British Parliament herein-
after mentioned, are not repealed, we will not, directly
or indirectly, export any Merchandise or Commodity
whatsoever to Great Britain, Ireland or the West-Indies,
except Rice to Europe.

Fifth. Such as are Merchants and use the British and
Irish Trade, will give orders, as soon as possible to their
Factors, Agents and Correspondents, in Great Britain and
Ireland, not to ship any Goods to them, on any pretence
whatsoever as they cannot be received in America ; and
if any Merchant, residing in Great Britain or Ireland, shall
directly or indirectly ship any Goods, Wares, or Merchan-
dises, for America, in order to break the said Non-Impor-
tation Agreement, or in any manner contravene the same,
on such unworthy conduct being well attested, it ought
to be made publick ; and, on the same being so done, we
will not from thenceforth have any commercial connex-
ion, with any such Merchant.

Sixth. That such as are Owners of vessels will give
positive orders to their Captains, or Masters, not to re-
ceive on board their vessel any Goods prohibited by the
said Non-Importation Agreement, on pain of immediate
dismission from their service.

Seventh. We will use our utmost endeavors to improve
the breed of Sheep, and increase their number to the

202 DOCUMENTS ILL US TEA TIVE

greatest extent ; and to that end, we will kill them as
sparingly as may be, especially those of the most profit-
able kind ; nor will we export any to the West-Indies or
elsewhere ; and those of us who are or may become over-
stocked with, or pan conveniently spare any sheep, will
dispose of them to our neighbours, especially to the
poorer sort, upon moderate terms.

Eighth. That we will, in our several stations encourage
Frugality, Economy, and Industry ; and promote Agricult-
ure, Arts, and the Manufactures of this Country, especially
that of Wool ; and will discountenance and discourage,
every species of extravagance and dissipation, especially
all horse racing, and all kinds of gaming, cock fighting,
exhibitions of plays, shews, and other expensive diver-
sions and entertainments ; and on the death of any re-
lation or friend, none of us, or any of our families will go
into any further mourning dress, than a black crape or
ribbon on the arm or hat for gentlemen, and a black
ribbon and necklace for ladies, and we will discounte-
nance the giving of gloves and scarfs at funerals.

Ninth. That such as are venders of Goods or Merchan-
dises, will not take advantage of the scarcity of Goods that
may be occasioned by this Association, but will sell the
same at the rates we have been respectively accustomed
to do, for twelve months last past. And if any vender
of Goods or Merchandises shall sell any such Goods on
higher terms, or shall in any manner, or by any device
whatsoever violate or depart from this Agreement, no
person ought, nor will any of us deal with any such per-
son, or his or her Factor or Agent, at any time thereafter
for any commodity whatever.

Tenth. In case any Merchant, Trader, or other person,
shall import any Goods or Merchandise, after the first
day of December, and before the first day of February
next, the same ought forthwith, at the election of the
owner, to be either re-shiped or delivered up to the Com-
mittee of the County or Town wherein they shall be im-

OF AMERICAN HISTORY.

203

ported, to be stored at the wish of the importer, until the
Non-Importation Agreement shall cease, or be sold under
the direction of the Committee aforesaid ; and in the last
mentioned case, the owner or owners of such Goods shall
be re-imbursed out of the sales the first cost and charges ;
the profit, if any, to be applied towards relieving and
employing such poor inhabitants of the Town of Boston
as are immediate sufferers by the Boston Port Bill ; and
a particular account of all Goods so returned, stored, or
sold, to be inserted in the publick papers, and if any
Goods or Merchandises shall be imported after the said
first day of February, the same ought forthwith to be
sent back again, without breaking any of the packages
thereof.

Eleventh. That a Committee be chosen in every County,
City, and Town, by those who are qualified to vote for
Representatives in the Legislature, whose business it shall
be attentively to observe the conduct of all persons
touching this Association ; and when it shall be made to
appear to the satisfaction of the majority of any such
Committee, that any person within the limits of their ap-
pointment has violated this Association, that such a ma-
jority do forthwith cause the truth of the case to be pub-
lished in the Gazette, to the end that all such foes to the
rights of British America may be publickly known, and
universally contemned as the enemies of American Lib-
erty ; and thenceforth we respectively will break off all
dealings with him or her.

Twelfth. That the Committee of Correspondence in the
respective Colonies, do frequently inspect the Entries of
their Custom Houses, and inform each other, from time
to time, of the true state thereof, and of every other ma-
terial circumstance that may occur relative to this associ-
ation.

Thirteenth. That all Manufactures of this country be
sold at reasonable prices, so that no undue advantage be
taken of a future scarcity of Goods.

204

DOCUMENTS ILLUSTRATIVE

Fourteenth. And we do further agree and resolve that
we will have no Trade, Commerce, Dealings, or Intercourse
whatsoever with any Colony or Province in North Amer-
ica, which shall not accede to, or which shall hereafter
violate this Association, but will hold them as unworthy
of the right of freemen, and as inimical to the liberties
of this country.

And we do solemnly bind ourselves and our constitu-
ents under the ties aforesaid, to adhere to this Associa-
tion until such parts of the several Acts of Parliament
passed since the close of the last war, as impose or con-
tinue duties on Tea, Wine, Molasses, Syrups, Paneles, Cof-
fee, Sugar, Pimento, Indigo, Foreign Paper, Glass, and
Painters' Colours, imported into America, and extend the
powers of the Admiralty Courts beyond their ancient
limits, deprive the American subjects of Trial by Jury,
authorize the judge's certificate to indemnify the prose-
cutor from damages that he might otherwise be liable to
from a trial by his peers, require oppressive security from
a claimant of Ships or Goods seized, before he shall be

allowed to defend his property, are repealed. And until

that part of the act of the 12th George III. ch. 24, enti-
tled, " An act for the better securing his majesty's Dock-
Yards, Magazines, Ships, Ammunition, and Stores," by
which any person charged with committing any of the
offences therein described, in America, may be tried in
any Shire or County within the realm, is repealed — and
until the four Acts passed in the last session of Parlia-
ment, viz. : that for stopping the Port and blocking up
the Harbour of Boston — that for altering the Charter of
Government of the Massachusetts Bay — and that which
is entitled "An Act for the better Administration of
Justice," etc. — and that for extending the Limits of
Quebec* etc., are repealed. And we recommend it to the
Provincial Conventions, and to the Committes in the
respective Colonies, to establish such farther Regula-

OF AMERICAN HISTORY.

205

tions as they may think proper for carrying into execu-
tion this Association.

The foregoing Association being determined upon by
the Congress, was ordered to be subscribed by the several
Members thereof ; and thereupon, we have hereunto set
our respective names accordingly.

In Congress, Philadelphia, October 20, 1774,

Peyton Randolph, President.

206 DOCUMENTS ILLUSTRATIVE

VIRGINIA BILL OF RIGHTS— JUNE 12,

1776.

This was adopted by a convention that met at
Williamsburg, May 6, 1776. The Bill was drafted
by George Mason and was slightly changed in one
clause at the instance of James Madison. " Other
colonies had framed bills of rights in reference to
their relations with Britain ; Virginia moved from
charters and customs to primal principles ; from a
narrow altercation about facts to the contempla-
tion of immutable truth. She summoned the
eternal laws of man's being to protest against all
tyranny." (Bancroft.) This bill of rights was in-
serted unchanged in the Virginia State constitu-
tion of 1830, 1850-51, 1864, and, with some modifi-
cation, in that of 1870.

Consult Bancroft's U. S., 1st ed., VIII., 378;
cen. ed., V., 254 ; last ed., IV., 416 ; Frothingham 's
Rise, 511 ; Coo&e's Va., 439.

A DECLARATION OF RIGHTS,

Made by the Representatives of the good People of
Virginia, assembled in full and free Convention, which
rights do pertain to them and their posterity as the
basis and foundation of government.

I. That all men are by nature equally free and inde-
pendent, and have certain inherent rights, of which,
when they enter into a state of society, they cannot by

OF AMERICAN HISTORY.

207

any compact, deprive or divest their posterity ; namely,
the enjoyment of life and liberty, with the means of
acquiring and possessing property, and pursuing and
obtaining happiness and safety.

II. That all power is vested in, and consequently de-
rived from, the people ; that magistrates are their trus-
tees and servants, and at all times amenable to them.

III. That government is, or ought to be, instituted
for the common benefit, protection and security of the
people, nation or community ; of all the various modes
and forms of government, that is best which is capable
of producing the greatest degree of happiness and safety,
and is most effectually secured against the danger of
maladministration ; and that, when a government shall
be found inadequate or contrary to these purposes, a
majority of the community hath an indubitable, unalien-
able and indefeasible right to reform, alter or abolish it,
in such manner as shall be judged most conducive to the
public weal.

IV. That no man, or set of men, are entitled to ex-
clusive or separate emoluments or privileges from the
community but in consideration of public services, which
not being descendible, neither ought the offices of magis-
trate, legislator or judge to be hereditary.

V. That the legislative, executive and judicial powers
should be separate and distinct ; and that the members
thereof may be restrained from oppression, by feeling
and participating the burthens of the people, they
should, at fixed periods, be reduced to a private station,
return into that body from which they were originally
taken, and the vacancies be supplied by frequent, certain
and regular elections, in which all, or any part of the
former members to be again eligible or ineligible, as the
laws shall direct.

VI. That all elections ought to be free, and that all
men having sufficient evidence of permanent common
interest with, and attachment to the community, have

208 DOCUMENTS ILL USTRA TIVE

the right of suffrage, and cannot be taxed, or deprived
of their property for public uses, without their own con-
sent, or that of their representatives so elected, nor
bound by any law to which they have not in like man-
ner assented, for the public good.

VII. That all power of suspending laws, or the execu-
tion of laws, by any authority, without consent of the
representatives of the people, is injurious to their rights,
and ought not to be exercised.

VIII. That in all capital or criminal prosecutions, a
man hath a right to demand the cause and nature of his
accusation, to be confronted with the accusers and wit-
nesses, to call for evidence in his favor, and to a speedy
trial by an impartial jury of twelve men of his vicinage,
without whose unanimous consent he cannot be found
guilty ; nor can he be compelled to give evidence against
himself ; that no man be deprived of his liberty, except
by the law of the land or the judgment of his peers.

IX. That excessive bail ought not to be required, nor
excessive fines imposed, nor cruel and unusual punish-
ments inflicted.

X. That general warrants, whereby an officer or mes-
senger may be commanded to search suspected places
without evidence of a fact committed, or to seize any
person or persons not named, or whose offence is not
particularly described and supported by evidence, are
grievous and oppressive, and ought not to be granted.

XI. That in controversies respecting property, and in
suits between man and man, the ancient trial by jury of
twelve men is preferable to any other, and ought to be
held sacred.

XII. That the freedom of the press is one of the great
bulwarks of liberty, and can never be restrained but by
despotic governments.

XIII. That a well regulated militia, composed of the
body of the people, trained to arms, is the proper, natu-
ral and safe defence of a free State ; that standing armies

OF AMERICAN HISTORY. 20Q

in time of peace, should be avoided as dangerous to
liberty; and that in all cases the military should be
under strict subordination to, and governed by, the civil
power.

XIV. That the people have a right to uniform gov-
ernment ; and therefore, that no government separate
from or independent of the government of Virginia,
ought to be erected or established within the limits
thereof.

XV. That no free government, or the blessing of
liberty, can be preserved to any people, but by a firm
adherence to justice, moderation, temperance, frugality
and virtue, and by a frequent recurrence to fundamental
principles.

XVI. That religion, or the duty which we owe to our
Creator, and the manner of discharging it, can be directed
only by reason and conviction, not by force or vio-
lence ; and therefore all men are equally entitled to the
free exercise of religion, according to the dictates of
conscience ; and that it is the duty of all to practice
Christian forbearance, love and charity towards each
other.

i4

2IO DOCUMENTS ILLUSTRATIVE

DECLARATION OF INDEPEND-
ENCE—1776.

The preamble of the famous resolution of May
15,1776, of the Continental Congress, declared that
the exercise of every kind of authority under the
crown of Great Britain should be totally sup-
pressed.

On June 7th Richard Henry Lee, for Virginia,
submitted the following resolutions which were
seconded by John Adams.

" That these United Colonies are, and of right
ought to be, free and independent States, that they
are absolved from all allegiance to the British
Crown, and that all political connection between
them and the State of Great Britain is, and ought
to be, totally dissolved.

" That it is expedient forthwith to take the most
effectual measures for forming foreign alliances.

" That a plan of confederation be prepared and
transmitted to the respective colonies for their
consideration and approbation."

These resolutions were discussed June 8th and
10th, when a committee was appointed to draft a
declaration in conformity with the first resolution,
and further discussion was postponed to July 1.
The resolution was adopted July 2d, and two days
later (July 4th) the declaration reported by the

OF AMERICAN HISTOR Y. 211

committee was agreed upon. It was engrossed
and signed by the members August 2, 1776.

Consult Bancroft's U. S. 1st ed., VIII., chaps. 59
and 60; cen. ed., V., chaps. 69 and 70 ; last ed., IV.,
chap. 28; Hildreth's U. S., III., 137; Frothing-
ham's Rise, 539 ; Story's Constitution, I., 191 ; Bry-
ant and Gay 's U. S. , 1 1 1 . , 4 70 ; Greene 's Historical
View 1 100 ; Judge Chamber -tin 's Authentication of
the Declaration ; Mass. Hist. Soc. Proc, 2d Series,
Vol. I., 272-298 ; Harper's Magazine, III., 145.

THE DECLARATION OF INDEPENDENCE-1776.
In Congress, July 4, 1776.

The unanimous Declaration of the thirteen united States
of America.

When in the Course of human events, it becomes nec-
essary for one people to dissolve the political bands
which have connected them with another, and to assume
among the Powers of the earth, the separate and equal
station to which the Laws of Nature and of Nature's
God entitle them, a decent respect to the opinions of
mankind requires that they should declare the causes
which impel them to the separation.

We hold these truths to be self-evident, that all men
are created equal, that they are endowed by their Creator
with certain unalienable Rights, that among these are
Life, Liberty and the pursuit of Happiness. That to se-
cure these rights, Governments are instituted among
Men, deriving their just powers from the consent of the
governed, That whenever any Form of Government be-
comes destructive of these ends, it is the Right of the
People to alter or to abolish it, and to institute new Gov-
ernment, laying its foundation on such principles and or-
ganizing its powers in such form, as to them shall seem

2 1 2 DOCUMENTS ILL USTKA TIVE

most likely to effect their Safety and Happiness. Pru-
dence, indeed, will dictate that Governments long estab-
lished should not be changed for light and transient
causes ; and accordingly all experience hath shown, that
mankind are more disposed to suffer, while evils are suf-
ferable, than to right themselves by abolishing the forms
to which they are accustomed. But when a long train of
abuses and usurpations, pursuing invariably the same
Object, evinces a design to reduce them under absolute
Despotism, it is their right, it is their duty, to throw off
such Government, and to provide new Guards for their
future security. — Such has been the patient sufferance of
these Colonies ; and such is now the necessity which con-
strains them to alter their former Systems of Govern-
ment. The history of the present King of Great Britain
is a history of repeated injuries and usurpations, all hav-
ing in direct object the establishment of an absolute
Tyranny over these States. To prove this, let Facts be
submitted to a candid world.

He has refused his Assent to Laws, the most whole-
some and necessary for the public good.

He has forbidden his Governors to pass Laws of imme-
diate and pressing importance, unless suspended in their
operation till his Assent should be obtained ; and when
so suspended, he has utterly neglected to attend to
them.

He has refused to pass other Laws for the accommo-
dation of large districts of people, unless those people
would relinquish the right of Representation in the Leg-
islature, a right inestimable to them and formidable to
tyrants only.

He has called together legislative bodies at places un-
usual, uncomfortable, and distant from the depository of
their Public Records, for the sole purpose of fatiguing
them into compliance with his measures.

He has dissolved Representative Houses repeatedly,

OF AMERICAN HIS TOR Y. 2 1 3

for opposing with manly firmness his invasions on the
rights of the people.

He has refused for a long time, after such dissolutions
to cause others to be elected ; whereby the Legislative
Powers, incapable of Annihilation, have returned to the
People at large for their exercise ; the State remaining in
the mean time exposed to all the dangers of invasion from
without, and convulsions within.

He has endeavoured to prevent the population of these
States ; for that purpose obstructing the Laws for Nat-
uralization of Foreigners ; refusing to pass others to en-
courage their migration hither, and raising the conditions
of new Appropriations of Lands.

He has obstructed the Administration of Justice, by
refusing his Assent to Laws for establishing Judiciary
Powers.

He has made Judges dependent on his Will alone, for
the tenure of their offices, and the amount and payment
of their salaries.

He has erected a multitude of New Offices, and sent
hither swarms of Officers to harass our People, and eat
out their substance.

He has kept among us, in times of peace, Standing
Armies without the Consent of our legislature.

He has affected to render the Military independent of
and superior to the Civil Power.

He has combined with others to subject us to a juris-
diction foreign to our constitution, and unacknowledged
by our laws ; giving his Assent to their Acts of pre-
tended Legislation :

For quartering large bodies of armed troops among us :

For protecting themt by a mock Trial, from Punish-
ment for any Murders which they should commit on the
Inhabitants of these States:

For cutting off our Trade with all parts of the world :

For imposing taxes on us without our Consent :

2 14 DOCUMENTS ILL USTRA TIVE

For depriving us in many cases, of the benefits of Trial
by Jury :

For transporting us beyond Seas to be tried for pre-
tended offences :

For abolishing the free System of English Laws in a
neighboring Province, establishing therein an Arbitrary
government, and enlarging its Boundaries so as to render
it at once an example and fit instrument for introducing
the same absolute rule into these Colonies :

For taking away our Charters, abolishing our most val-
uable Laws, and altering fundamentally the Forms of our
Governments :

For suspending our own Legislatures, and declaring
themselves invested with Power to legislate for us in all
cases whatsoever.

He has abdicated Government here, by declaring us
out of his Protection and waging War against us.

He has plundered our seas, ravaged our Coasts, burnt
our towns, and destroyed the lives of our people.

He is at this time transporting large armies of foreign
mercenaries to compleat the works of death, desolation
and tyranny, already begun with circumstances of Cru-
elty, & perfidy scarcely paralleled in the most barbarous
ages, and totally unworthy the Head of a civilized na-
tion.

He has constrained our fellow Citizens taken Captive
on the high Seas to bear Arms against their Country, to
become the executioners of their friends and Brethren,
or to fall themselves by their Hands.

He has excited domestic insurrections amongst us, and
has endeavoured to bring on the inhabitants of our fron-
tiers, the merciless Indian Savages, whose known rule of
warfare, is an undistinguished destruction of all ages,
sexes and conditions.

In every stage of these Oppressions We have Peti-
tioned for Redress in the most humble terms : Our re-
peated Petitions have been answered only by repeated

OF AMERICAN HISTORY.

215

injury. A Prince, whose character is thus marked by
every act which may define a Tyrant, is unfit to be the
ruler of a free People.

Nor have We been wanting in attention to our British
brethren. We have warned them from time to time of
attempts by their legislature to extend an unwarrantable
jurisdiction over us. We have reminded them of the
circumstances of our emigration and settlement here.
We have appealed to their native justice and magnanim-
ity, and we have conjured them by the ties of our com-
mon kindred to disavow these usurpations, which,
would inevitably interrupt our connections and corre-
spondence. They too have been deaf to the voice of jus-
tice and of consanguinity. We must, therefore, acqui-
esce in the necessity which denounces our Separation,
and hold them, as we hold the rest of mankind, Enemies
in War, in Peace Friends.

We, therefore, the Representatives of the united States
of America, in General Congress, Assembled, appealing
to the Supreme Judge of the world for the rectitude of
our intentions, do, in the Name, and by Authority of
the good People of these Colonies, solemnly publish and
declare, That these United Colonies are, and of Right
ought to be Free and Independent States ; that they are
Absolved from all Allegiance to the British Crown, and
that all political connection between them and the State
of Great Britain, is and ought to be totally dissolved ;
and that as Free and Independent States, they have full
Power to levy War, conclude Peace, contract Alliances,
establish Commerce, and to do all other Acts and Things
which Independent States may of right do. And for the
support of this Declaration, with a firm reliance on the
Protection of Divine Providence, we mutually pledge to
each other our Lives, our Fortunes and our sacred
Honor.

JOHN HANCOCK.

2 1 6 DOCUMENTS ILL USTRA TIVE

New Hampshire.
Josiah Bartlett, Matthew Thornton.

Wm. Whipple,

Massachusetts Bay.
Saml. Adams, Robt. Treat Paine,

John Adams, Elbridge Gerry.

Rhode Island.
Step. Hopkins, William Ellery.

Connecticut.
Roger Sherman, Wm. Williams,

Sam'el Huntington, Oliver Wolcott.

New York.
Wm. Floyd, Frans. Lewis,

Phil. Livingston, Lewis Morris.

New Jersey.
Richd. Stockton, John Hart,

Jno. Witherspoon, Abra. Clark.

Fras. Hopkinson,

Pennsylvania.
Robt. Morris, Jas. Smith,

Benjamin Rush, George Taylor,

Benja. Franklin, James Wilson,

John Morton, Geo. Ross.

Geo. Clymer,

Delaware.
Cesar Rodney, Tho. M'Kean.

Geo. Read,

Maryland.
Samuel Chase, Thos. Stone,

Wm. Paca, Charles Carroll of

Carrollton.
Virginia.
George Wythe, Thos. Nelson, jr.,

Richard Henry Lee, Francis Lightfoot

Th Jefferson, Lee,

Benja. Harrison, Carter Braxton.

OF AMERICAN HISTORY.

21/

North Carolina.
Wm. Hooper, John Penn.

Joseph Hewes,

South Carolina.
Edward Rutledge, Thomas Lynch, Junr.,

Thos. Heyward, Junr., Arthur Middleton.

Georgia.

Button Gwinnett, Geo. Walton.

Lyman Hall,

2 1 8 DOCUMENTS ILL USTRA TIVE

ARTICLES OF CONFEDERATION— 1777.

The necessity of some provision for a general
government was early felt. A committee, ap-
pointed by Congress June 11, 1776, "to prepare
and digest the form of a confederation to be
entered into between these colonies," reported
July 12, articles drawn up by John Dickinson.
These were not approved, and the matter dropped
for the time. At length, Nov. 15, 1777, Congress
agreed upon the Articles of Confederation, and
ordered them forwarded to the several states that
they might instruct their delegates to ratify them
in congress. The dates of ratification were —
Massachusetts, Rhode Island, Connecticut, New
York, Pennsylvania, Virginia, and South Carolina,
July 9, 1778 — North Carolina, July 21, 1778 —
Georgia, July 24, 1778 — New Jersey, Nov. 26, 1778
— Delaware, Feb. 22, 1779 — Maryland, March 1,
1 78 1. " Until the adoption of the articles of con-
federation by all the states, congress continued a
revolutionary body, which was recognized by all
the colonies as de jure and de facto the national
government and which, as such, came in contact
with foreign powers and entered into engage-
ments, the binding force of which on the whole
people has never been called in question." (Von
Hoist.) The principal defects are well summarized
by Schouler. I. Want of power to enforce obe-

OF AMERICAN HIS TOR V. 2 1 Q

dience. II. Operation of the fundamental law not
upon individuals but upon states. III. Large vote
requisite in congress for passage of important
measures. IV. Want of right to regulate foreign
Commerce. V. Virtual omission of power to alter
the existing articles.

Consult Bancroft's U. S., isted., IX., 436 ; cen.
ed., VI., 25 ; last ed., V., 200; Hild'reth's U. S.,
III. 266; Frothingham's Rise, etc., 569; Story's
Cons. U. S, I., 209-251; Curtis' Constittction,!.,
114; Prince 's The Articles of Confederation vs. the
Constitution.

ARTICLES OF CONFEDERATION— 1777.

To all to whom these Presents shall come, we the under-
signed Delegates of the States affixed to our Names, send
greeting.

Whereas the Delegates of the United States of Amer-
ica in Congress assembled did on the fifteenth day of
November in the Year of our Lord One Thousand Seven
Hundred and Seventyseven, and in the Second Year of
the Independence of America agree to certain articles of
Confederation and perpetual Union between the States
of Newhampshire, Massachusetts-bay, Rhodeisland and
Providence Plantations, Connecticut, New York, New
Jersey, Pennsylvania, Delaware, Maryland, Virginia,
North-Carolina, South-Carolina and Georgia in the
Words following, viz.

"Articles of Confederation and perpetual Union bettveen
the States of Newhampshire, Massachusetts-bay, RJiode-
island and Providence Plantations, Connecticut , New-
York, New-Jersey, Pennsylvania, Delaware, Maryland.
Virginia, NortJi-Carolina, South-Carolina and Georgia.

220 DOCUMENTS ILLUSTRATIVE

ARTICLE I. The stile of this confederacy shall be " The
United States of America."

Article II. Each State retains its sovereignty, free-
dom and independence, and every power, jurisdiction
and right, which is not by this confederation expressly
delegated to the United States, in Congress assembled.

Article III. The said States hereby severally enter
into a firm league of friendship with each other, for their
common defence, the security of their liberties, and their
mutual and general welfare, binding themselves to assist
each other, against all force offered to, or attacks made
upon them, or any of them, on account of religion, sov-
ereignty, trade, or any other pretence whatever.

Article IV. The better to secure and perpetuate
mutual friendship and intercourse among the people of
the different States in this Union, the free inhabitants of
each of these States, paupers, vagabonds and fugitives
from justice excepted, shall be entitled to all privileges
and immunities of free citizens in the several States ; and
the people of each State shall have free ingress and re-
gress to and from any other State, and shall enjoy therein
all the privileges of trade and commerce, subject to the
same duties, impositions and restrictions as the inhabit-
ants thereof respectively, provided that such restrictions
shall not extend so far as to prevent the removal of prop-
erty imported into any State, to any other State of which
the owner is an inhabitant ; provided also that no im-
position, duties or restriction shall be laid by any State,
on the property of the United States, or either of them.

If any person guilty of, or charged with treason, fel-
ony, or other high misdemeanor in any State, shall flee
from justice, and be found in any of the United States,
he shall upon demand of the Governor or Executive
power, of the State from which he fled, be delivered up
and removed to the State having jurisdiction of his of-
fence.

Full faith and credit shall be given in each of these

OF AMERICAN HISTOR Y. 221

States to the records, acts and judicial proceedings of the
courts and magistrates of every other State.

Article V. For the more convenient management of
the general interests of the United States, delegates
shall be annually appointed in such manner as the legis-
lature of each State shall direct, to meet in Congress on
the first Monday in November, in every year, with a
power reserved to each State, to recall its delegates, or
any of them, at any time within the year, and to send
others in their stead, for the remainder of the year.

No State shall be represented in Congress by less than
two, nor by more than seven members ; and no person
shall be capable of being a delegate for more than three
years in any term of six years ; nor shall any person,
being a delegate, be capable of holding any office under
the United States, for which he, or another for his benefit
receives any salary, fees or emolument of any kind.

Each State shall maintain its own delegates in a meet-
ing of the States, and while they act* as members of the
committee of the States.

In determining questions in the United States, in Con-
gress assembled, each State shall have one vote.

Freedom of speech and debate in Congress shall not
be impeached or questioned in any court, or place out of
Congress, and the members of Congress shall be pro-
tected in their persons from arrests and imprisonments,
during the time of their going to and from, and attend-
ance on Congress, except for treason, felony, or breach
of the peace.

Article VI. No State without the consent of the
United States in Congress assembled, shall send any
embassy to, or receive any embassy from, or enter into
any conferrence, agreement, alliance or treaty with any
king prince or state ; nor shall any person holding any
office of profit or trust under the United States, or any
of them, accept of any present, emolument, office or title
of any kind whatever from any king, prince or foreign

222 DOCUMENTS ILL USTRA TIVE

state ; nor shall the United States in Congress assembled,
or any of them, grant any title of nobility.

No two or more States shall enter into any treaty,
confederation or alliance whatever between them, with-
out the consent of the United States in Congress as-
sembled, specifying accurately the purposes for which
the same is to be entered into, and how long it shall
continue.

No State shall lay any imposts or duties, which may
interfere with any stipulations in treaties, entered into
by the United States in Congress assembled, with any
king, prince or state, in pursuance of any treaties already
proposed by Congress, to the courts of France and Spain.

No vessels of war shall be kept up in time of peace by
any State, except such number only, as shall be deemed
necessary by the United States in Congress assembled,
for the defence of such State, or its trade ; nor shall any
body of forces be kept up by any State, in time of peace,
except such number only, as in the judgment of the
United States, in Congress assembled, shall be deemed
requisite to garrison the forts necessary for the defence
of such State ; but every State shall always keep up a
well regulated and disciplined militia, sufficiently armed
and accoutred, and shall provide and constantly have
ready for use, in public stores, a due [number of field
pieces and tents, and a proper quantity of arms, ammu-
nition and camp equipage.

No State shall engage in any war without the consent
of the United States in Congress assembled, unless such
State be actually invaded by enemies, or shall have re-
ceived certain advice of a resolution being formed by
some nation of Indians to invade such State, and the
danger is so imminent as not to admit of a delay, till the
United States in Congress assembled can be consulted :
nor shall any State grant commissions to any ships or
vessels of war, nor letters of marque or reprisal, except it
be after a declaration of war by the United States in

OF AMERICAN HISTORY.

223

Congress assembled, and then only against the kingdom
or state and the subjects thereof, against which war has
been so declared, and under such regulations as shall be
established by the United States in Congress assembled,
unless such State be infested by pirates, in which case
vessels of war may be fitted out for that occasion, and
kept so long as the danger shall continue, or until the
United States in Congress assembled shall determine
otherwise.

Article VII. When land-forces are raised by any
State for the common defence, all officers of or under the
rank of colonel, shall be appointed by the Legislature of
each State respectively by whom such forces shall be
raised, or in such manner as such State shall direct, and
all vacancies shall be filled up by the State which first
made the appointment.

Article VIII. All charges of war, and all other ex-
penses that shall be incurred for the common defence or
general welfare, and allowed by the United States in
Congress assembled, shall be defrayed out of a common
treasury, which shall be supplied by the several States,
in proportion to the value of all land within each State,
granted to or surveyed for any person, as such land and
the buildings and improvements thereon shall be esti-
mated according to such mode as the United States in
Congress assembled, shall from time to time direct and
appoint.

The taxes for paying that proportion shall be laid and
levied by the authority and direction of the Legislatures
of the several States within the time agreed upon by the
United States in Congress assembled.

ARTICLE IX. The United States in Congress as-
sembled, shall have the sole and exclusive right and
power of determining on peace and war, except in the
cases mentioned in the sixth article — of sending and re-
ceiving ambassadors — entering into treaties and alliances,
provided that no treaty of commerce shall be made

224

DOCUMENTS ILLUSTRATIVE

whereby the legislative power of the respective States
shall be restrained from imposing such imposts and
duties on foreigners, as their own people are subjected
to, or from prohibiting the exportation or importation of
any species of goods or commodities whatsoever — of es-
tablishing rules for deciding in all cases, what captures
on land or water shall be legal, and in what manner
prizes taken by land or naval forces in the service of the
United States shall be divided or appropriated — of grant-
ing letters of marque and reprisal in times of peace —
appointing courts for the trial of piracies and felonies
committed on the high seas and establishing courts for
receiving and determining finally appeals in all cases of
captures, provided that no member of Congress shall be
appointed a judge of any of the said courts.

The United States in Congress assembled shall also be
the last resort on appeal in all disputes and differences
now subsisting or that hereafter may arise between two
or more States concerning boundary, jurisdiction or any
other cause whatever; which authority shall always be
exercised in the manner following. Whenever the legis-
lative or executive authority or lawful agent of any
State in controversy with another shall present a peti-
tion to Congress, stating the matter in question and
praying for a hearing, notice thereof shall be given by
order of Congress to the legislative or executive author-
ity of the other State in controversy, and a day assigned
for the appearance of the parties by their lawful agents,
who shall then be directed to appoint by joint consent,
commissioners or judges to constitute a court for hear-
ing and determining the matter in question : but if they
cannot agree, Congress shall name three persons out of
each of the United States, and from the list of such per-
sons each party shall alternately strike out one, the
petitioners beginning, until the number shall be reduced
to thirteen ; and from that number not less than seven,
nor more than nine names as Congress shall direct, shall

OF AMERICAN HIS TOR Y. 2 2 r

in the presence of Congress be drawn out by lot, and
the persons whose names shall be so drawn or any five
of them, shall be commissioners or judges, to hear and
finally determine the controversy, so always as a major
part of the judges who shall hear the cause shall agree
in the determination : and if either party shall neglect
to attend at the day appointed, without showing rea-
sons, which Congress shall judge sufficient, or being
present shall refuse to strike, the Congress shall proceed
to nominate three persons out of each State, and the
Secretary of Congress shall strike in behalf of such
party absent or refusing; and the judgment and sen-
tence of the court to be appointed, in the manner
before prescribed, shall be final and conclusive ; and if
any of the parties shall refuse to submit to the authority
of such court, or to appear or defend their claim or
cause, the court shall nevertheless proceed to pronounce
sentence, or judgment, which shall in like manner be
final and decisive, the judgment or sentence and other
proceedings being in either case transmitted to Congress,
and lodged among the acts of Congress for the security
of the parties concerned : provided that every commis-
sioner, before he sits in judgment, shall take an oath to
be administered by one of the judges of the supreme or
superior court of the State where the cause shall be
tried, " well and truly to hear and determine the matter
in question, according to the best of his judgment, with-
out favour, affection or hope of reward: " provided also
that no State shall be deprived of territory for the bene-
fit of the United States.

All controversies concerning the private right of soil
claimed under different grants of two or more States,
whose jurisdiction as they may respect such lands, and
the States which passed such grants are adjusted, the
said grants or either of them being at the same time
claimed to have originated antecedent to such settle-
ment of jurisdiction, shall on the petition of either party
*5

226 DOCUMENTS ILLUSTRATIVE

to the Congress of the United States, be finally deter-
mined as near as may be in the same manner as is before
prescribed for deciding disputes respecting territorial
jurisdiction between different States.

The United States in Congress assembled shall also
have the sole and exclusive right and power of regulat-
ing the alloy and value of coin struck by their own
authority, or by that of the respective States. — fixing
the standard of weights and measures throughout the
United States — regulating the trade and managing all
affairs with the Indians, not members of any of the
States, provided that the legislative right of any State
within its own limits be not infringed or violated — estab-
lishing and regulating post-offices from one State to
another, throughout all the United States, and exacting
such postage on the papers passing thro' the same as
may be requisite to defray the expenses of the said office
— appointing all officers of the land forces, in the ser-
vice of the United States, excepting regimental officers
— appointing all the officers of the naval forces, and
commissioning all officers whatever in the service of the
United States — making rules for the government and
regulation of the said land and naval forces, and direct-
ing their operations.

The United States in Congress assembled shall have
authority to appoint a committee, to sit in the recess of
Congress, to be denominated " a Committee of the
States," and to consist of one delegate from each State;
and to appoint such other committees and civil officers
as may be necessary for managing the general affairs of
the United States under their direction — to appoint one
of their number to preside, provided that no person be
allowed to serve in the office of president more than
one year in any term of three years ; to ascertain the
necessary sums of money to be raised for the service
of the United States, and to appropriate and apply the
same for defraying the public expenses — to borrow

OF AMERICAN HISTORY.

227

money, or emit bills on the credit of the United States,
transmitting every half year to the respective States an
account of the sums of money so borrowed or emitted,
— to build and equip a navy — to agree upon the number
of land forces, and to make requisitions from each State
for its quota, in proportion to the number of white in-
habitants in such State ; which requisition shall be bind-
ing, and thereupon the Legislature of each State shall
appoint the regimental officers, raise the men and cloath,
arm and equip them in a soldier like manner, at the
expense of the United States ; and the officers and men
so cloathed, armed and equipped shall march to the
place appointed, and within the time agreed on by the
United States in Congress assembled : but if the United
States in Congress assembled shall, on consideration of
circumstances judge proper that any State should not
raise men, or should raise a smaller number than its
quota, and that any other State should raise a greater
number of men than the quota thereof, such extra num-
ber shall be raised, officered, cloathed, armed and
equipped in the same manner as the quota of such
State, unless the legislature of such State shall judge
that such extra number cannot be safely spared out of
the same, in which case they shall raise officer, cloath,
arm and equip as many of such extra number as they
judge can be safely spared. And the officers and men
so cloathed, armed and equipped, shall march to the
place appointed, and within the time agreed on by the
United States in Congress assembled.

The United States in Congress assembled shall never
engage in a war, nor grant letters of marque and reprisal
in time of peace, nor enter into any treaties or alliances,
nor coin money, nor regulate the value thereof, nor
ascertain the sums and expenses necessary for the
defence and welfare of the United States, or any of
them, nor emit bills, nor borrow money on the credit of
the United States, nor appropriate money, nor agree

228 DOCUMENTS ILL USTRA TIVE

upon the number of vessels of war, to be built or pur-
chased, or the number of land or sea forces to be raised,
nor appoint a commander in chief of the army or navy,
unless nine States assent to the same : nor shall a ques-
tion on any other point, except for adjourning from day
to day be determined, unless by the votes of a majority
of the United States in Congress assembled.

The Congress of the United States shall have power
to adjourn to any time within the year, and to any place
within the United States, so that no period of adjourn-
ment be for a longer duration than the space of six
months, and shall publish the journal of their proceed-
ings monthly, except such parts thereof relating to
treaties, alliances or military operations, as in their judg-
ment require secresy ; and the yeas and nays of the del-
egates of each State on any question shall be entered on
the journal, when it is desired by any delegate ; and the
delegates of a State, or any of them, at his or their
request shall be furnished with a transcript of the said
journal, except such parts as are above excepted, to lay
before the Legislatures of the several States.

Article X. The committee of the States, or any
nine of them, shall be authorized to execute, in the
recess of Congress, such of the powers of Congress as
the United States in Congress assembled, by the con-
sent of nine States, shall from time to time think expe-
dient to vest them with ; provided that no power be
delegated to the said committee, for the exercise of
which, by the articles of confederation, the voice of nine
States in the Congress of the United States assembled
is requisite.

ARTICLE XI. Canada acceding to this confederation,
and joining in the measures of the United States, shall
be admitted into, and entitled to all the advantages of
this Union : but no other colony shall be admitted into
the same, unless such admission be agreed to by nine
States.

OF AMERICAN HISTORY. 22Q

ARTICLE XII. All bills of credit emitted, monies bor-
rowed and debts contracted by, or under the authority
of Congress, before the assembling of the United States,
in pursuance of the present confederation, shall be
deemed and considered as a charge against the United
States, for payment and satisfaction whereof the said
United States, and the public faith are hereby solemnly
pledged.

Article XIII. Every State shall abide by the deter-
minations of the United States in Congress assembled,
on all questions which by this confederation are sub-
mitted to them. And the articles of this confederation
shall be inviolably observed by every State, and the
Union shall be perpetual ; nor shall any alteration at
any time hereafter be made in any of them ; unless such
alteration be agreed to in a Congress of the United
States, and be afterwards confirmed by the Legislatures
of every State.

And whereas it has pleased the Great Governor of the
world to incline the hearts of the Legislatures we re-
spectively represent in Congress, to approve of, and to
authorize us to ratify the said articles of confederation
and perpetual union. Know ye that we the undersigned
delegates, by virtue of the power and authority to us
given for that purpose, do by these presents, in the
name and in behalf of our respective constituents, fully
and entirely ratify and confirm each and every of the
said articles of confederation and perpetual union, and
all and singular the matters and things therein contained :
and we do further solemnly plight and engage the faith
of our respective constituents, that they shall abide by
the determinations of the United States in Congress
assembled, on all questions, which by the said confedera-
tion are submitted to them. And that the articles
thereof shall be inviolably observed by the States we
respectively represent, and that the Union shall be
perpetual.

2oQ DOCUMENTS ILLUSTRATIVE

In witness whereof we have hereunto set our hands in
Congress. Done at Philadelphia in the State of Penn-
sylvania the ninth day of July in the year of our Lord
one thousand seven hundred and seventy-eight, and
in the third year of the independence of America.

On the part & behalf of the State of New Hampshire.

Josiah Bartlett, John Wentworth, Junr.,

August 8th, 1778.

On the part and behalf of the State of Massachusetts Bay.

John Hancock, Francis Dana,

Samuel Adams, James Lovell,

Elbridge Gerry, Samuel Holten.

On the part arid behalf of the State of Rhode Island and
Providence Plantations.

William Ellery, John Collins.

Henry Marchant,

On the part and behalf of the State of Connecticut.

Roger Sherman, Titus Hosmer,

Samuel Huntington, Andrew Adams.

Oliver Wolcott,

On the part and behalf of the State of New York.

Jas. Duane, Wm. Duer,

Fra. Lewis, Gouv. Morris.

On the part and in behalf of the State of New Jersey,
Novr. 26, 1778.

Jno. Witherspoon, Nath. Scudder.

On the part and behalf of the State of Pennsylvania.

Robt. Morris, William Clingan,

Daniel Roberdeau, JosErn Reed,

Jona. Bayard Smith, 22c! July, 1778.

OF AMERICAN HIS TOR Y. 2\l

On the part & behalf of the State of Delaware.

Tho. M'Kean, Nicholas Van Dyke.

Feby. 12, 1779.
John Dickinson, May 5th, 1779.

On the part and belialf of the State of Maryland.

John Hanson, Daniel Carroll,

March 1, 1781. Mar. 1, 1781.

On the part and behalf of the State of Virginia.

Richard Henry Lee, Jno. Harvie,

John Banister, Francis Lightfoot Lee.

Thomas Adams,

On the part and behalf of the State of No. Carolina.

John Penn, July 21, 1778. Jno. Williams.
Corns. Harnett,

On the part & behalf of the State of South Carolina.

Henry Laurens, Richd. Hutson.

William Henry Drayton, Thos. Heyward, Junr.
Jno. Mathews,

On the part & behalf of the State of Georgia.

Jno. Walton, Edwd. Langworthy.

24th July, 1778.

Edwd. Telfair,

2o2 DOCUMENTS ILLUSTRATIVE

TREATY OF PEACE— 1783.

Cornwallis surrendered Oct. 19, 1 781, and Feb.
27, 1782, Parliament voted against continuing the
American War. Lord North's ministry went out
and the new administration dispatched Richard Os-
wald to negotiate peace with Franklin at Paris.
The negotiations extended from April till Nov. 30,
1782, when the provisional or preliminary articles
of peace were signed. These articles were " to be
inserted in and constitute the treaty of peace"
which should be concluded when Great Britain and
France should have arranged terms of peace. The
definitive treaty was signed as below, Sept. 3, 1783,

Consult Bancroft 's U. S., last ed., VI., 36 ; cen.
ed., VI., 434 ; Bryant and Gay, IV., 89 ; Hil-
dreth, III., 418; Fiske, "Political Consequences
of Comwallii Surrender" in Atlantic Monthly;
Jan., 1886; Curtis, hi Harpers Mag., April and
May, 1883 ; Treaties and Conventions (Sen. ex.
Doc. No. 36, 43d Cong. 3d. Sess.), 1009.

DEFINITIVE TREATY OF PEACE BETWEEN
THE UNITED STATES OF AMERICA AND
HIS BRITANNIC MAJESTY. CONCLUDED
SEPTEMBER 3, 1783.

In the name of the Most Holy and Undivided Trin-
ity.

It having pleased the Divine Providence to dispose

OF AMERICAN HISTORY.

233

the heart of the most serene and most potent Prince
George the Third, by the Grace of God King of Great
Britain, France and Ireland, Defender of the Faith, Duke
of Brunswick and Luneburg, Arch-Treasurer and Prince
Elector of the Holy Roman Empire, &ca., and of the
United States of America, to forget all past misunder-
standings and differences that have unhappily interrupted
the good correspondence and friendship which they mu-
tually wish to restore ; and to establish such a beneficial
and satisfactory intercourse between the two countries, up-
on the ground of reciprocal advantages and mutual conven-
ience, as may promote and secure to both perpetual peace
and harmony: And having for this desirable end already
laid the foundation of peace and reconciliation, by the pro-
visional articles, signed at Paris on the 30th of Nov'r, 1782,
by the commissioners empowered on each part, which ar-
ticles were agreed to be inserted in and to constitute the
treaty of peace proposed to be concluded between the
Crown of Great Britain and the said United States, but
which treaty was not to be concluded until terms of peace
should be agreed upon between Great Britain and France,
and His Britannic Majesty should be ready to conclude
such treaty accordingly ; and the treaty between Great
Britain and France having since been concluded, His
Britannic Majesty and the United States of America, in
order to carry into full effect the provisional articles
above mentioned, according to the tenor thereof, have
constituted and appointed, that is to say, His Britannic
Majesty on his part, David Hartley, esqr., member of
the Parliament of Great Britain; and the said United
States on their part, John Adams, esqr., late a commis-
sioner of the United States of America at the Court of
Versailles, late Delegate in Congress from the State of
Massachusetts, and chief justice of the said State, and
Minister Plenipotentiary of the said United States to
their High Mightinesses the States General of the United
Netherlands ; Benjamin Franklin, esq' re, late Delegate in

2 a 4 DOCUMENTS ILL USTKA Til E

Congress, from the State of Pennsylvania, president of
the convention of the said State, and Minister Plenipo-
tentiary from the United States of America at the Court
of Versailles ; John Jay, esq're, late president of Congress,
and chief justice of the State of New York, and Minister
Plenipotentiary from the said United States at the Court
of Madrid, to be the Plenipotentiaries for the concluding
and signing the present definitive treaty ; who, after
having reciprocally communicated their respective full
powers, have agreed upon and confirmed the following
articles :

ARTICLE I.

His Britannic Majesty acknowledges the said United
States, viz. New Hampshire, Massachusetts Bay, Rhode
Island, and Providence Plantations, Connecticut, New
York, New Jersey, Pennsylvania, Delaware, Maryland,
Virginia, North Carolina, South Carolina, and Georgia, to
be free, sovereign and independent States ; that he treats
with them as such, and for himself, his heirs and succes-
sors, relinquishes all claims to the Government, propriety
and territorial rights of the same, and every part there-
of.

ARTICLE II.

And that all disputes which might arise in future, on
the subject of the boundaries of the United States may be
prevented, it is hereby agreed and declared, that the fol-
lowing are, and shall be their boundaries, viz : From the
north-west angle of Nova Scotia, viz. that angle which
is formed by a line drawn due north from the source of
Saint Croix River to the Highlands ; along the said
Highlands which divide those rivers that empty them-
selves into the river St. Lawrence, from those which fall
into the Atlantic Ocean, to the northwesternmost head
of Connecticut River ; thence down along the middle of

OF AMERICAN IIISTOK Y. 2 . c

that river, to the forty-fifth degree of north latitude ;
from thence, by a line due west on the said latitude, until
it strikes the river Iroquois or Cataraquy ; thence along
the middle of said river into Lake Ontario, through
the middle of said lake until it strikes the communi-
cation by water between that lake and Lake Erie ;
thence along the middle of said communication into
Lake Erie, through the middle of said lake until it ar-
rives at the water communication between that lake and
Lake Huron ; thence along the middle of said water
communication into the Lake Huron ; thence through
the middle of said lake to the water communication be-
tween that lake and Lake Superior ; thence through Lake
Superior northward of the Isles Royal and Philipeaux, to
the Long Lake ; thence through the middle of said Long
Lake, and the water communication between it and the
Lake of the Woods, to the said Lake of the Woods ;
thence through the said lake to the most northwestern
point thereof, and from thence on a due west course to the
river Mississippi ; thence by a line to be drawn along the
middle of the said river Mississippi until it shall intersect
the northernmost part of the thirty-first degree of north
latitude. South, by a line to be drawn due east from the
determination of the line last mentioned, in the latitude
of thirty-one degrees north of the Equator, to the middle
of the river Apalachicola or Catahouche; thence along
the middle thereof to its junction with the Flint River ;
thence strait to the head of St. Mary's River; and thence
down along the middle of St. Mary's River to the At-
lantic Ocean. East, by a line to be drawn along the
middle of the river St. Croix, from its mouth in the Bay
of Fundy to its source, and from its source directly north
to the aforesaid Highlands, which divide the rivers that
fall into the Atlantic Ocean from those which fall into
the river St. Lawrence ; comprehending all islands with-
in twenty leagues of any part of the shores of the United
States, and lying between lines to be drawn due east from

236

DOCUMENTS ILLUSTRATIVE

the points where the aforesaid boundaries between Nova
Scotia on the one part, and East Florida on the other,
shall respectively touch the Bay of Fundy and the Atlan-
tic Ocean ; excepting such islands as now are, or hereto-
fore have been, within the limits of the said province of
Nova Scotia.

ARTICLE III.

It is agreed that the people of the United States shall
continue to enjoy unmolested the right to take fish of
every kind on the Grand Bank, and on all the other
banks of Newfoundland ; also in the Gulph of Saint
Lawrence, and at all other places in the sea where the
inhabitants of both countries used at anytime heretofore
to fish. And also that the inhabitants of the United
States shall have liberty to take fish of every kind on
such part of the coast of Newfoundland as British
fishermen shall use (but not to dry or cure the same on
that island) and also on the coasts, bays, and creeks of
all other of His Britannic Majesty's dominions in Amer-
ica ; and that the American fishermen shall have liberty
to dry and cure fish in any of the unsettled bays, har-
bours, and creeks of Nova Scotia, Magdalen Islands, and
Labrador, so long as the same shall remain unsettled ;
but so soon as the same or either of them shall be
settled, it shall not be lawful for the said fishermen to
dry or cure fish at such settlement, without a previous
agreement for that purpose with the inhabitants, pro-
prietors, or possessors of the ground.

ARTICLE IV.

It is agreed that creditors on either side shall meet
with no lawful impediment to the recovery of the full
value in sterling money, of all bona fide debts heretofore
contracted.

OF AMERICAN HIS TOR Y.

z0/

ARTICLE V.

It is agreed that the Congress shall earnestly recom-
mend it to the legislatures of the respective States, to pro-
vide for the restitution of all estates, rights, and properties
which have been confiscated, belonging to real British
subjects, and also of the estates, rights, and properties of
persons resident in districts in the possession of His
Majesty's arms, and who have not borne arms against
the said United States. And that persons of any other
description shall have free liberty to go to any part or
parts of any of the thirteen United States, and therein
to remain twelve months, unmolested in their endeavors
to obtain the restitution of such of their estates, rights,
and properties as may have been confiscated ; and that
Congress shall also earnestly recommend to the several
States a reconsideration and revision of all acts or laws
regarding the premises, so as to render the said laws or
acts perfectly consistent, not only with justice and equity
but with that spirit of conciliation which, on the return
of the blessings of peace, should universally prevail.
And that Congress shall also earnestly recommend to
the several States, that the estates, rights, and properties
of such last mentioned persons, shall be restored to
them, they refunding to any persons who may be now
in possession, the bona fide price (where any has been
given) which such persons may have paid on purchasing
any of the said lands, rights, or properties, since the con-
fiscation. And it is agreed, that all persons who have
any interest in confiscated lands, either by debts, mar-
riage settlements, or otherwise, shall meet with no law-
ful impediment in the prosecution of their just rights.

ARTICLE VI.

That there shall be no future confiscations made, nor
any prosecutions commenc'd, against any person or per-

238

DOCUMENTS ILLUSTRATIVE

sons for, or by reason of the part which he or they may
have taken in the present war ; and that no person
shall, on that account, suffer any future loss or damage,
either in his person, liberty or property ; and that those
who may be in confinement on such charges, at the
time of the ratification of the treaty in America, shall be
immediately set at liberty, and the prosecutions so com-
menced be discontinued.

ARTICLE VII.

There shall be a firm and perpetual peace between
His Britannic Majesty and the said States, and between
the subjects of the one and the citizens of the other,
wherefore all hostilities, both by sea and land, shall from
henceforth cease: All prisoners on both sides shall be
set at liberty, and His Britannic Majesty shall, with all
convenient speed, and without causing any destruction,
or carrying away any negroes or other property of the
American inhabitants, withdraw all his armies, garrisons,
and fleets from the said United States, and from every
port, place, and harbour within the same ; leaving in all
fortifications the American artillery that maybe therein:
And shall also order and cause all archives, records, deeds,
and papers, belonging to any of the said States, or their
citizens, which in the course of the war, may have fallen
into the hands of his officers, to be forthwith restored
and deliver'd to the proper States and persons to whom
they belong.

ARTICLE VIII.

THE navigation of the river Mississippi, from its source
to the ocean, shall forever remain free and open to the
subjects of Great Britain, and the citizens of the United
States.

OF AMERICAN HISTORY.

ARTICLE IX.

239

In case it should so happen that any place or territory
belonging to Great Britain or to the United States,
should have been conquer'd by the arms of either from
the other, before the arrival of the said provisional arti-
cles in America, it is agreed, that the same shall be re-
stored without difficulty, and without requiring any
compensation.

ARTICLE X.

THE solemn ratifications of the present treaty, expedit-
ed in good and due form, shall be exchanged between the
contracting parties, in the space of six months, or sooner
if possible, to be computed from the day of the signature
of the present treaty. In witness whereof, we the under-
signed, their Ministers Plenipotentiary, have in their
name and in virtue of our full powers, signed with our
hands the present definitive treaty, and caused the seals
of our arms to be affix'd thereto.

Done at Paris, this third day of September, in the
year of our Lord one thousand seven hundred and
eighty-three.

D. Hartley, [l. s.]
John Adams, [l. s.]
B. Franklin, [l. s.]
John Jay. [l. s.]

240

DOCUMENTS ILLUSTRATIVE

NORTHWEST ORDINANCE— 1787.

On the same day (March 1, 1784) that Virginia
ceded her western territory to Congress, Thomas
Jefferson reported in Congress a plan for the tem-
porary government of this newly acquired territory.
Among its provisions was the prohibition of slavery
after 1800, but this clause was cancelled. The
measure passed April 23, 1784. From this time
many plans were reported by various committees,
but no definite action was taken till 1 ySy, when, on
July 13, the "Ordinance for the Government of
the Territory of the United States north-west of
the river Ohio " was passed. This ordinance, even
when ordered to a third reading, did not contain
" those great principles for which it has since been
distinguished as one of the greatest monuments of
civil jurisprudence," above all the prohibition of
slavery, which Mr. Dane, of Massachusetts, offered
as an amendment, July 12.

"The ordinance of 1787, in particular, deserves
to rank among immortal parchments both for what
it accomplished and what it inspired. Nor would
it be wild hyperbole to opine that save for the
adoption and unflinching execution of that ordi-
nance by Congress in early times, the American
Union would ere to-day have found a grave."

In 1 790 this ordinance, excepting certain clauses.

OF AMERICAN HISTORY.

241

was extended to the territory south of the river
Ohio.

Consult Donaldson's Public Domain, chap. I.,
(Mis. Doc, 45, 47, Cong. Ina. Sess.); Bancroft's
U. S., last ed., II., 277 ; Poole's article on Ctitter's
Influence, North American Review, vol. 53, p. 334 ;
Bryant and Gay 's U. S., IV.; Harper 's Magazine,
vol. 71,554 ; Burnet' s Northwestern Territory, 37.

THE NORTHWEST TERRITORIAL GOVERN-
MENT—1787.

[The Confederate Congress, July 13, 1787.]

An Ordinance for the government of the territory of the
United States northwest of the river Ohio.

SECTION i. Be it ordained by the United States in Con-
gress assembled, That the said Territory, for the purpose
of temporary government, be one district, subject, how-
ever, to be divided into two districts, as future circum-
stances may, in the opinion of Congress, make it expe-
dient.

SEC. 2. Be it ordained by the authority aforesaid, That
the estates both of resident and non-resident proprietors
in the said territory, dying intestate, shall descend to, and
be distributed among, their children and the descendants
of a deceased child in equal parts, the descendants of a
deceased child or grandchild to take the share of their
deceased parent in equal parts among them ; and where
there shall be no children or descendants, then in equal
parts to the next of kin, in equal degree ; and among
collaterals, the children of a deceased brother or sister of
the intestate shall have, in equal parts among them, their
deceased parent's share ; and there shall, in no case, be a
distinction between kindred of the whole and half blood ;
saving in all cases to the widow of the intestate, her third
16

2A2 DOCUMENTS ILLUSTRATIVE

part of the real estate for life, and one-third part of the
personal estate ; and this law relative to descents and
dower, shall remain in full force until altered by the
legislature of the district. And until the governor and
judges shall adopt laws as hereinafter mentioned, estates
in the said territory may be devised or bequeathed by
wills in writing, signed and sealed by him or her in whom
the estate may be, (being of full age,) and attested by
three witnesses ; and real estates may be conveyed by
lease and release, or bargain and sale, signed, sealed, and
delivered by the person, being of full age, in whom the
estate may be, and attested by two witnesses, provided
such wills be duly proved, and such conveyances be ac-
knowledged, or the execution thereof duly proved, and
be recorded within one year after proper magistrates,
courts, and registers, shall be appointed for that purpose ;
and personal property may be transferred by delivery,
saving, however, to the French and Canadian inhabitants,
and other settlers of the Kaskaskies, Saint Vincents, and
the neighboring villages, who have heretofore professed
themselves citizens of Virginia, their laws and customs
now in force among them, relative to the descent and
conveyance of property.

Sec. 3. Be it ordained by the authority aforesaid, That
there shall be appointed, from time to time, by Congress,
a governor, whose commission shall continue in force for
the term of three years, unless sooner revoked by Con-
gress ; he shall reside in the district, and have a freehold
estate therein, in one thousand acres of land, while in the
exercise of his office.

Sec. 4. There shall be appointed from time to time, by
Congress, a secretary, whose commission shall continue
in force for four years, unless sooner revoked ; he shall re-
side in the district, and have a freehold estate therein, in
five hundred acres of land, while in the exercise of his
office. It shall be his duty to keep and preserve the
acts and laws passed by the legislature, and the public

OF AMERICAN HISTORY. 243

records of the district, and the proceedings of the govern-
or in his executive department, and transmit authentic
copies of such acts and proceedings every six months to
the Secretary of Congress. There shall also be appointed
a court, to consist of three judges, any two of whom to
form a court, who shall have a common-law jurisdiction
and reside in the district, and have each therein a free-
hold estate, in five hundred acres of land, while in the
exercise of their offices ; and their commissions shall con-
tinue in force during good behavior.

Sec. 5. The governor and judges, or a majority of
them, shall adopt and publish in the district such laws
of the original States, criminal and civil, as may be nec-
essary, and best suited to the circumstances of the dis-
trict, and report them to Congress from time to time,
which laws shall be in force in the district until the
organization of the general assembly therein, unless dis-
approved of by Congress ; but afterwards the legislature
shall have authority to alter them as they shall think fit.

SEC. 6. The governor, for the time being, shall be com-
mander-in-chief of the militia, appoint and commission
all officers in the same below the rank of general offi-
cers ; all general officers shall be appointed and commis-
sioned by Congress.

Sec. 7. Previous to the organization of the general
assembly the governor shall appoint such magistrates,
and other civil officers, in each county or township, as he
shall find necessary for the preservation of the peace and
good order in the same. After the general assembly
shall be organized the powers and duties of magistrates
and other civil officers shall be regulated and defined by
the said assembly ; but all magistrates and other civil
officers, not herein otherwise directed, shall, during the
continuance of this temporary government, be appointed
by the governor.

Sec. 8. For the prevention of crimes, and injuries, the
laws to be adopted or made shall have force in all parts

244

DOCUMENTS ILLUSTRATIVE

of the district, and for the execution of process, criminal
and civil, the governor shall make proper divisions
thereof ; and he shall proceed, from time to time, as cir-
cumstances may require, to lay out the parts of the dis-
trict in which the Indian titles shall have been extin-
guished, into counties and townships, subject, however,
to such alterations as may thereafter be made by the
legislature.

Sec. 9. So soon as there shall be five thousand free
male inhabitants, of full age, in the district, upon giving
proof thereof to the governor, they shall receive author-
ity, with time and place, to elect representatives from
their counties or townships, to represent them in the
general assembly : Provided, That for every five hundred
free male inhabitants there shall be one representative,
and so on, progressively, with the number of free male
inhabitants, shall the right of representation increase, un-
til the number of representatives shall amount to twenty-
five ; after which the number and proportion of repre-
sentatives shall be regulated by the legislature ; Pro-
vided, That no person be eligible or qualified to act as a
representative, unless he shall have been a citizen of one
of the United States three years, and be a resident in
the district, or unless he shall have resided in the district
three years ; and, in either case, shall likewise hold in
his own right, in fee-simple, two hundred acres of land
within the same : Provided also, That a freehold in fifty
acres of land in the district, having been a citizen of one
of the States, and being resident in the district, or the
like freehold and two years' residence in the district,
shall be necessary to qualify a man as an elector of a
representative.

SEC. 10. The representatives thus elected shall serve
for the term of two years ; and in case of the death of a
representative, or removal from office, the governor shall
issue a writ to the county or township, for which he was

OF AMERICAN HISTORY.

245

a member, to elect another in his stead, to serve for the
residue of the term.

Sec. 11. The general assembly, or legislature, shall
consist of the governor, legislative council, and a house
of representatives. The legislative council shall consist
of five members, to continue in office five years, unless
ooner removed by Congress ; any three of whom to be
a quorum ; and the members of the council shall be
nominated and appointed in the following manner, to
wit : As soon as representatives shall be elected the gov-
ernor shall appoint a time and place for them to meet
together, and when met they shall nominate ten persons,
resident in the district, and each possessed of a freehold
in five hundred acres of land, and return their names to
Congress, five of whom Congress shall appoint and com-
mission to serve as aforesaid ; and whenever a vacancy
shall happen in the council, by death or removal from
office, the house of representatives shall nominate two
persons, qualified as aforesaid, for each vacancy, and re-
turn their names to Congress, one of whom Congress
shall appoint and commission for the residue of the
term ; and every five years, four months at least before
the expiration of the time of service of the members of
the council, the said house shall nominate ten persons,
qualified as aforesaid, and return their names to Con-
gress, five of whom Congress shall appoint and commis-
sion to serve as members of the council five years, unless
sooner removed. And the governor, legislative council,
and house of representatives shall have authority to
make laws in all cases for the good government of the
district, not repugnant to the principles and articles in
this ordinance established and declared. And all bills,
having passed by a majority in the house, and by a
majority in the council, shall be referred to the governor
for his assent ; but no bill, or legislative act whatever,
shall be of any force without his assent. The governor
shall have power to convene, prorogue, and dissolve the

246 DOCUMENTS ILL USTRA TIVE

general assembly when, in his opinion, it shall be expe-
dient.

SEC. 12. The governor, judges, legislative council,
secretary, and such other officers as Congress shall ap-
point in the district, shall take an oath or affirmation of
fidelity, and of office ; the governor before the President
of Congress, and all other officers before the governor.
As soon as a legislature shall be formed in the district,
the council and house assembled, in one room, shall have
authority, by joint ballot, to elect a delegate to Con-
gress, who shall have a seat in Congress, with a right of
debating, but not of voting, during this temporary gov-
ernment.

SEC. 13. And for extending the fundamental princi-
ples of civil and religious liberty, which form the basis
whereon these republics, their laws and constitutions, are
erected ; to fix and establish those principles as the basis
of all laws, constitutions, and governments, which for-
ever hereafter shall be formed in the said territory ; to
provide, also, for the establishment of States, and per-
manent government therein, and for their admission to a
share in the Federal councils on an equal footing with
the original States, at as early periods as may be consist-
ent with the general interest :

SEC. 14. It is hereby ordained and declared, by the
authority aforesaid, that the following articles shall be
considered as articles of compact, between the original
States and the people and States in the said territory,
and forever remain unalterable, unless by common con-
sent, to wit :

ARTICLE I.

No person, demeaning himself in a peaceable and
orderly manner, shall ever be molested on account of his
mode of worship, or religious sentiments, in the said
territory.

OF AMERICAN BIS TOR Y. 247

ARTICLE II.

The inhabitants of the said territory shall always be
entitled to the benefits of the writs of habeas corpus, and
of the trial by jury ; of a proportionate representation of
the people in the legislature, and of judicial proceedings
according to the course of the common law. All persons
shall be bailable, unless for capital offences, where the
proof shall be evident, or the presumption great. All
fines shall be moderate ; and no cruel or unusual punish-
ments shall be inflicted. No man shall be deprived of
his liberty or property, but by the judgment of his peers,
or the law of the land, and should the public exigencies
make it necessary, for the common preservation, to take
any person's property, or to demand his particular ser-
vices, full compensation shall be made for the same.
And, in the just preservation of rights and property, it
is understood and declared, that no law ought ever to be
made or have force in the said territory, that shall, in
any manner whatever, interfere with or affect private
contracts, or engagements, bona fide, and without fraud
previously formed.

ARTICLE III.

Religion, morality, and knowledge being necessary to
good government and the happiness of mankind, schools
and the means of education shall forever be encouraged.
The utmost good faith shall always be observed towards
the Indians ; their lands and property shall never be
taken from them without their consent ; and in their
property, rights, and liberty they never shall be invaded
or disturbed, unless in just and lawful wars authorized by
Congress ; but laws founded in justice and humanity
shall, from time to time, be made, for preventing wrongs
being done to them, and for preserving peace and friend-
ship with them.

248

DOCUMENTS ILLUSTRATIVE

ARTICLE IV.

\

The said territory, and the States which may be
formed therein, shall forever remain a part of this con-
federacy of the United States of America, subject to the
articles of Confederation, and to such alterations therein
as shall be constitutionally made ; and to all the acts
and ordinances of the United States in Congress assem-
bled, conformable thereto. The inhabitants and settlers
in the said territory shall be subject to pay a part of the
Federal debts, contracted, or to be contracted, and a
proportional part of the expenses of government to be
apportioned on them by Congress, according to the same
common rule and measure by which apportionments
thereof shall be made on the other States ; and the
taxes for paying their proportion shall be laid and levied
by the authority and direction of the legislatures of the
district, or districts, or new States, as in the original
States, within the time agreed upon by the United
States in Congress assembled. The legislatures of those
districts, or new States, shall never interfere with the
primary disposal of the soil by the United States in Con-
gress assembled, nor with any regulations Congress may
find necessary for securing the title in such soil to the
bona-fidc purchasers. No tax shall be imposed on lands
the property of the United States ; and in no case shall
non-resident proprietors be taxed higher than residents.
The navigable waters leading into the Mississippi and
Saint Lawrence, and the carrying places between the
same, shall be common highways, and forever free, as
well to the inhabitants of the said territory as to the
citizens of the United States, and those of any other
States that may be admitted into the confederacy, with-
out any tax, impost, or duty therefor.

OF AMERICAN HISTOR Y. 249

ARTICLE V.

There shall be formed in the said territory not less
than three nor more than five States ; and the bounda-
ries of the States, as soon as Virginia shall alter her act
of cession and consent to the same, shall become fixed
and established as follows, to wit : The western State, in
the said territory, shall be bounded by the Mississippi,
the Ohio, and the Wabash Rivers ; a direct line drawn
fronuthe Wabash and Post Vincents, due north, to the
territorial line between the United States and Canada ;
and by the said territorial line to the Lake of the Woods
and Mississippi. The middle State shall be bounded by
the said direct line, the Wabash from Post Vincents to
the Ohio, by the Ohio, by a direct line drawn due north
from the mouth of the Great Miami to the said territo-
rial line, and by the said territorial line. The eastern
State shall be bounded by the last-mentioned direct line,
the Ohio, Pennsylvania, and the said territorial line :
Provided, however, And it is further understood and de-
clared, that the boundaries of these three States shall be
subject so far to be altered, that, if Congress shall here-
after find it expedient, they shall have authority to form
one or two States in that part of the said territory which
lies north of an east and west line drawn through the
southerly bend or extreme of Lake Michigan. And
whenever any of the said States shall have sixty thou-
sand free inhabitants therein, such State shall be admitted
by its delegates, into the Congress of the United States,
on an equal footing with the original States, in all re-
spects whatever ; and shall be at liberty to form a per-
manent constitution and State government : Provided,
The constitution and government, so to be formed, shall
be republican, and in conformity to the principles con-
tained in these articles, and, so far as it can be consistent
with the general interest of the confederacy, such admis-
sion shall be allowed at an earlier period, and when there

250

DOCUMENTS ILLUSTRATIVE

may be a less number of free inhabitants in the State
than sixty thousand.

ARTICLE VI.

There shall be neither slavery nor involuntary servi-
tude in the said territory, otherwise than in the punish-
ment of crimes, whereof the party shall have been duly
convicted : Provided always, That any person escaping
into the same, from whom labor or service is lawfully
claimed in any one of the original States, such fugitive
may be lawfully reclaimed, and conveyed to the person
claiming his or her labor or service as aforesaid.

Be it ordained by the authority aforesaid, That the res-
olutions of the 23d of April, 1784, relative to the subject
of this ordinance, be, and the same are hereby, repealed,
and declared null and void.

Done by the United States, in Congress assembled,
the 13th day of July, in the year of our Lord 1787, and
of their sovereignty and independence the twelfth.

OF AMERICAN HISTORY.

251

CONSTITUTION OF THE UNITED
STATES.

At the close of the revolution it was evident
that the Articles of Confederation were not suited
to the exigencies of the nation. Suggestions of a
convention to revise the Articles came from vari-
ous quarters, but led to no result till the Virginia
Legislature, in January, 1786, appointed commis-
sioners to meet such as might be appointed by-
other states " to take into consideration the trade
of the United States ; to examine the relative sit-
uations and trade of the said states ; to consider
how far a uniform system in their commercial reg-
ulations may be necessary to their common inter-
est and their permanent harmony ; and to report to
the several states such an act relative to this great
object as, when unanimously ratified by them, will
enable the United States in Congress assembled
effectually to provide for the same." Accordingly
twelve commissioners from the five states of New
York, New Jersey, Pennsylvania, Delaware and
Virginia met at Annapolis, September 11, 1786,
and, after a short session, adjourned, recommending
that a full convention of delegates from all the
states be held at Philadelphia, May 2d next, to
mature plans for adapting the federal government
" to the exigency of the union." The Congress
of the Confederation, Feb. 21, 1787, recommended

252

DOCUMENTS ILLUSTRATIVE

to the several states that a convention be held
at Philadelphia " for the sole and express purpose
of revising the Articles of Confederation, and re-
porting to Congress and the several legislatures,
such alterations and provisions therein as shall,
when agreed to in Congress and confirmed by the
States, render the Federal Constitution adequate
to the exigencies of Government and the preserva-
tion of the union." How closely the convention
followed these instructions is well known.

The convention, consisting of fifty delegates,
from twelve states (all but Rhode Island), met at
Philadelphia, May 14, 1787, and sat with closed
doors till September 17, 1787, when Washington
transmitted, as the result of their labors, the Con-
stitution to Congress.

Congress transmitted the Constitution to the
several legislatures, and, September^, 1788, eleven
states having ratified it, passed resolutions provid-
ing for the choosing of electors for President and
Vice-President.

The dates of the ratification of the Constitution
by the several states are as follows : — Delaware
December 7, 1787; Pennsylvania, December 12
1787; New Jersey, December 18, 1787; Georgia
January 2, 1788; Connecticut, January 9, 1788
Massachusetts, February 6, 1788; Maryland
April 28, 1788; South Carolina, May 23, 1788
New Hampshire, June 21, 1788; Virginia, June
26, 1788 ; New York, July 26, 1788 ; North Caro-
lina, November 21, 1789; Rhode Island, May 29,
1790.

OF AMERICAN HISTORY.

253

Consult Bancroft's Hist, of the Constitution;
Bancroft's U. S., last ed., vol. VI. ; Story's Com-
mentary on the Constitution, especially vol. I., book
III., chaps, i. and ii. ; Hildreth's U. S., III., 482 ;
Bryant and Gay's U. S., vol. IV., Curtis' Hist.
Constitution ; Frothingham' s Rise of the Republie,
589; Towle's Constitution; Elliott's Debates;
Schouler's U. S.y I., 36-78 McMaster's, U. S.,
I-, 43

CONSTITUTION OF THE UNITED STATES—

1787.

We the People of the United States, in Order to form
a more perfect Union, establish Justice, insure domes-
tic Tranquillity, provide for the common defence, pro-
mote the general Welfare, and secure the Blessings of
Liberty to ourselves and our Posterity, do ordain and
establish this CONSTITUTION for the United States of
America.

ARTICLE I.

SECTION i. All legislative Powers herein granted shall
be vested in a Congress of the United States, which
shall consist of a Senate and House of Representatives.

SECTION 2. The House of Representatives shall be
composed of Members chosen every second Year by the
People of the several States, and the Electors in each
State shall have the Qualifications requisite for Electors
of the most numerous Branch of the State Legislature.

No Person shall be a Representative who shall not
have attained to the Age of twenty-five Years, and been
seven Years a Citizen of the United States, and who
shall not, when elected, be an Inhabitant of that State
in which he shall be chosen.

254

DOCUMENTS ILLUSTRATIVE

Representatives and direct Taxes shall be apportioned
among the several States which may be included within
this Union, according to their respective Numbers,
which shall be determined by adding to the whole Num-
ber of Free persons, including those bound to Service
for a Term of Years, and excluding Indians not taxed,
three fifths of all other Persons. The actual Enumera-
tion shall be made within three Years after the first
Meeting of the Congress of the United States, and with-
in every subsequent Term of ten Years, in such Manner
as they shall by Law direct. The Number of Represent-
atives shall not exceed one for every thirty Thousand,
but each State shall have at Least one Representative ;
and until such enumeration shall be made, the State of
New Hampshire shall be entitled to chuse three, Massa-
chusetts eight, Rhode Island and Providence Planta-
tions one, Connecticut five, New York six, New Jersey
four, Pennsylvania eight, Delaware one, Maryland six,
Virginia ten, North Carolina five, South Carolina five,
and Georgia three.

When vacancies happen in the Representation from
any State, the Executive Authority thereof shall issue
Writs of Election to fill such Vacancies.

The House of Representatives shall chuse their
Speaker and other Officers ; and shall have the sole
Power of Impeachment.

Section 3. The Senate of the United States shall be
composed of two Senators from each State, chosen by
the Legislature thereof, for six Years; and each Senator
shall have one Vote.

Immediately after they shall be assembled in Conse-
quence of the first Election, they shall be divided as
equally as may be into three Classes. The seats of the
Senators of the first Class shall be vacated at the Expira-
tion of the second Year, of the second Class at the Expi-
ration of the fourth Year, and of the third Class at the
Expiration of the sixth Year, so that one-third may be

OF AMERICAN HISTORY.

255

chosen every second Year ; and if Vacancies happen by-
Resignation, or otherwise, during the Recess of the
Legislature of any State, the Executive thereof may
make temporary Appointments until the next Meeting
of the Legislature, which shall then fill such Vacancies.

No Person shall be a Senator who shall not have at-
tained to the Age of thirty Years, and been nine Years
a Citizen of the United States, and who shall not, when
elected, be an Inhabitant of that State for which he
shall be chosen.

The Vice President of the United States shall be
President of the Senate, but shall have no Vote, unless
they be equally divided.

The Senate shall chuse their other Officers, and also a
President pro tempore, in the Absence of the Vice Presi-
dent, or when he shall exercise the Office of President of
the United States.

The Senate shall have the sole Power to try all Impeach-
ments. When sitting for that Purpose, they shall be on
Oath or Affirmation. When the President of the United
States is tried, the Chief Justice shall preside : and no
Person shall be convicted without the Concurrence of
two thirds of the Members present.

Judgment in Cases of Impeachment shall not extend
further than to removal from Office, and disqualification
to hold and enjoy any Office of honor, Trust or Profit
under the United States : but the Party convicted shall
nevertheless be liable and subject to Indictment, Trial,
Judgment and Punishment, according to Law.

SECTION 4. The Times, Places and manner of holding
Elections for Senators and Representatives, shall be
prescribed in each State by the Legislature thereof ; but
the Congress may at any time by Law make or alter
such Regulations, except as to the Places of chusing
Senators.

The Congress shall assemble at least once in every
Year, and such Meeting shall be on the first Monday in

256

DOCUMENTS ILLUSTRATIVE

December, unless they shall by Law appoint a different
Day.

SECTION 5. Each House shall be the Judge of the
Elections, Returns and Qualifications of its own Mem-
bers, and a Majority of each shall constitute a Quorum
to do Business ; but a smaller Number may adjourn
from day to day, and may be authorized to compel the
Attendance of absent Members, in such Manner, and
under such Penalties as each House may provide.

Each House may determine the Rules of its Proceed-
ings, punish its Members for disorderly Behaviour, and,
with the Concurrence of two thirds, expel a Member.

Each House shall keep a Journal of its Proceedings,
and from time to time publish the same, excepting such
Parts as may in their Judgment require Secrecy; and
the Yeas and Nays of the Members of either House on
any question shall, at the Desire of one fifth of those
present, be entered on the Journal.

Neither House, during the Session of Congress, shall,
without the Consent of the other, adjourn for more than
three days, nor to any other Place than that in which
the two Houses shall be sitting.

SECTION 6. The Senators and Representatives shall
receive a Compensation for their services, to be ascer-
tained by Law, and paid out of the Treasury of the
United States. They shall in all Cases, except Treason,
Felony and Breach of the Peace, be privileged from
Arrest during their Attendance at the Session of their
respective Houses, and in going to and returning from
the same ; and for any Speech or Debate in either
House, they shall not be questioned in any other Place.

No Senator or Representative shall, during the Time
for which he was elected, be appointed to any civil
Office under the Authority of the United States, which
shall have been created, or the Emoluments whereof
shall have been encreased during such time ; and no
Person holding any Office under the United States, shall

OF AMERICAN HIS TOR Y. 2K7

be a Member of either House during his Continuance in
Office.

Section 7. All bills for raising Revenue shall origi-
nate in the House of Representatives ; but the Senate
may propose or concur with Amendments as on other
Bills.

Every Bill which shall have passed the House of
Representatives and the Senate, shall, before it become
a Law, be presented to the President of the United
States ; if he approve he shall sign it, but if not he shall
return it, with his Objections to that House in which it
shall have originated, who shall enter the Objections at
large on their Journal, and proceed to reconsider it. If
after such Reconsideration two thirds of that House
shall agree to pass the Bill, it shall be sent, together with
the Objections, to the other House, by which it shall
likewise be reconsidered, and if approved by two thirds
of that House, it shall become a Law. But in all such
Cases the Votes of both Houses shall be determined by
yeas and Nays, and the Names of the Persons voting for
and against the Bill shall be entered on the Journal of
each House respectively. If any Bill shall not be re-
turned by the President within ten Days (Sundays ex-
cepted) after it shall have been presented to him, the
Same shall be a Law, in like Manner as if he had signed
it, unless the Congress by their Adjournment prevent its
Return, in which Case it shall not be a Law.

Every Order, Resolution, or Vote to which the Con-
currence of the Senate and House of Representatives
may be necessary (except on a question of Adjourn-
ment) shall be presented to the President of the United
States; and before the Same shall take Effect, shall be
approved by him, or being disapproved by him, shall be
repassed by two thirds of the Senate and House of
Representatives, according to the Rules and Limitations
prescribed in the Case of a Bill.

Section 8. The Congress shall have Power to lay and
17

258

DOCUMENTS ILLUSTRATIVE

collect Taxes, Duties, Imposts and Excises, to pay the
Debts and provide for the common Defence and general
Welfare of the United States ; but all Duties, Imposts
and Excises shall be uniform throughout the United
States ;

To borrow Money on the credit of the United States ;

To regulate Commerce with foreign Nations, and
among the several States, and with the Indian Tribes ;

To establish an uniform Rule of Naturalization, and
uniform Laws on the subject of Bankruptcies through-
out the United States ;

To coin Money, regulate the Value thereof, and of
foreign Coin, and fix the Standard of Weights and Meas-
ures ;

To provide for the Punishment of counterfeiting the
Securities and current Coin of the United States ;

To establish Post Offices and post Roads ;

To promote the Progress of Science and useful Arts,
by securing for limited Times to Authors and Inventors
the exclusive Right to their respective Writings and Dis-
coveries ;

To constitute Tribunals inferior to the supreme Court ;

To define and punish Piracies and Felonies committed
on the high Seas, and Offences against the Law of Na-
tions ;

To declare War, grant Letters of Marque and Reprisal,
and make Rules concerning Captures on Land and
Water ;

To raise and support Armies, but no Appropriation of
Money to that Use shall be for a longer Term than two
Years ;

To provide and maintain a Navy ;

To make Rules for the Government and Regulation of
the land and naval Forces ;

To provide for calling forth the Militia to execute the
Laws of the Union, suppress Insurrections and repel In-
vasions ;

OF AMERICAN HIS TOR Y. 2$g

To provide for organizing, arming, and disciplining
the Militia, and for governing such Part of them as may-
be employed in the Service of the United States, reserv-
ing to the States respectively, the Appointment of the
Officers, and the Authority of training the Militia accord-
ing to the discipline prescribed by Congress ;

To exercise exclusive Legislation in all Cases whatso-
ever, over such District (not exceeding ten Miles square)
as may, by Cession of particular States, and the Accept-
ance of Congress, become the Seat of the Government of
the United States, and to exercise like Authority over
all Places purchased by the Consent of the Legislature
of the State in which the Same shall be, for the Erection
of Forts, Magazines, Arsenals, dock-Yards, and other
needful Buildings; — And

To make all Laws which shall be necessary and proper
for carrying into Execution the foregoing Powers, and
all other Powers vested by this Constitution in the Gov-
ernment of the United States, or in any Department or
Officer thereof.

Section 9. The Migration or Importation of such
Persons as any of the States now existing shall think
proper to admit, shall not be prohibited by the Congress
prior to the Year one thousand eight hundred and eight,
but a Tax or duty may be imposed on such Importation,
not exceeding ten dollars for each Person.

The Privilege of the Writ of Habeas Corpus shall not
be suspended, unless when in Cases of Rebellion or In-
vasion the public Safety may require it.

No Bill of Attainder or ex post facto Law shall be
passed.

No Capitation, or other direct, tax shall be laid, unless
in Proportion to the Census or Enumeration herein be-
fore directed to be taken.

No Tax or Duty shall be laid on Articles exported
from any State.

No Preference shall be given by any Regulation of

25q DOCUMENTS ILL USTRA TIVE

Commerce or Revenue to the Ports of one State over
those of another : nor shall Vessels bound to, or from,
one State, be obliged to enter, clear, or pay Duties in
another.

No Money shall be drawn from the Treasury, but in
Consequence of Appropriations made by Law ; and a
regular Statement and Account of the Receipts and Ex-
penditures of all public Money shall be published from
time to time.

No Title of Nobility shall be granted by the United
States : And no Person holding any Office of Profit or
Trust under them, shall, without the Consent of the Con-
gress, accept of any present, Emolument, Office, or Title,
of any kind whatever, from any King, Prince, or foreign
State.

Section io. No State shall enter into any Treaty,
Alliance, or Confederation ; grant Letters of Marque and
Reprisal ; coin Money ; emit Bills of Credit ; make any
Thing but gold and silver Coin a Tender in Payment of
Debts ; pass any Bill of Attainder, ex post facto Law, or
Law impairing the Obligation of Contracts, or grant any
Title of Nobility.

No State shall, without the Consent of the Congress,
lay any Imposts or Duties on Imports or Exports, ex-
cept what may be absolutely necessary for executing it's
inspection Laws : and the net Produce of all Duties and
Imposts, laid by any State on Imports or Exports, shall
be for the Use of the Treasury of the United States ; and
all such Laws shall be subject to the Revision and Con-
troul of the Congress.

No State shall, without the Consent of Congress, lay
any Duty of Tonnage, keep Troops, or Ships of War in
time of Peace, enter into any Agreement or Compact
with another State, or with a foreign Power, or engage in
War, unless actually invaded, or in such imminent
Danger as will not admit of delay.

OF AMERICAN HISTOR Y. 26 1

ARTICLE II.

SECTION i. The executive Power shall be vested in a
President of the United States of America. He shall
hold his Office during the Term of four Years, and, to-
gether with the Vice President, chosen for the same
Term, be elected, as follows

Each State shall appoint, in such Manner as the Legis-
lature thereof may direct, a Number of Electors, equal
to the whole Number of Senators and Representatives
to which the State may be entitled in the Congress : but
no Senator or Representative, or Person holding an
Office of Trust or Profit under the United States, shall be
appointed an Elector.

The electors shall meet in their respective Stated, and
vote by ballot for two persons, of whom one at least shall
not be an inhabitant of the same State with themselves.
And they shall make a list of all the persons voted for,
and of the number of votes for each ; which list they
shall sign and certify, and transmit sealed to the seat of
the Government of the United States, directed to the
President of the Senate. The President of the Senate
shall, in the presence of the Senate and House of Repre-
sentatives, open all the certificates, and the votes shall
then be counted. The person having the greatest num-
ber of votes shall be the President, if such number be a
majority of the whole number of electors appointed ; and
if there be more than one who have such majority, and
have an equal number of votes, then the House of Rep-
resentatives shall immediately chuse by ballot one of
them for President ; and if no person have a majority,
then from the five highest on the list the said House
shall in like manner chuse the President. But in chusing
the President, the votes shall be taken by States, the
representation from each State having one vote ; a quo-
rum for this purpose shall consist of a member or mem-
bers from two-thirds of the States, and a majority of all

2£2 DOCUMENTS ILL USTRA TIVE

the States shall be necessary to a choice. In every case,
after the choice of the President, the person having the
greatest number of votes* of the electors shall be the
Vice President. But if there should remain two or more
who have equal votes, the Senate shall chuse from them
by ballot the Vice-President.

The Congress may determine the Time of chusing the
Electors, and the Day on which they shall give their
Votes ; which Day shall be the same throughout the
United States.

No person except a natural born Citizen, or a Citizen
of the United States, at the time of the Adoption of this
Constitution, shall be eligible to the Office of President ;
neither shall any Person be eligible to that office who
shall not have attained to the Age of thirty five Years,
and been fourteen Years a Resident within the United
States.

In Case of the Removal of the President from Office,
or of his Death, Resignation or Inability to discharge the
Powers and Duties of the said Office, the Same shall de-
volve on the Vice President, and the Congress may by
Law provide for the Case of Removal, Death, Resigna-
tion or Inability, both of the President and Vice Presi-
dent, declaring what Officer shall then act as President,
and such Officer shall act accordingly, until the Disability
be removed, or a President shall be elected.

The President shall, at stated Times, receive for his
Services, a Compensation, which shall neither be en-
creased nor diminished during the Period for which he
shall have been elected, and he shall not receive within
that Period any other Emolument from the United
States, or any of them.

Before he enter on the Execution of his Office, he shall
take the following Oath or Affirmation : — " I do solemnly
swear (or affirm) that I will faithfully execute the Office
of President of the United States, and will to the best of

OF AMERICAN HISTORY.

263

my Ability, preserve, protect and defend the Constitu-
tion of the United States."

Section 2. The President shall be Commander in
Chief of the Army and Navy of the United States, and
of the Militia of the several States, when called into the
actual Service of the United States ; he may require the
Opinion, in writing, of the principal Officer in each of the
executive Departments, upon any Subject relating to the
Duties of their respective Offices, and he shall have
Power to grant Reprieves and Pardons for Offences
against the United States, except in Cases of Impeach-
ment.

He shall have Power, by and with the Advice and Con-
sent of the Senate, to make Treaties, provided two thirds
of the Senators present concur ; and he shall nominate,
and by and with the Advice and Consent of the Senate,
shall appoint Ambassadors, other public Ministers and
Consuls, Judges of the supreme Court, and all other Offi-
cers of the United States, whose Appointments are not
herein otherwise provided for, and which shall be estab-
lished by Law : but the Congress may by Law vest the
Appointment of such inferior Officers, as they think
proper, in the President alone, in the Courts of Law, or
in the Heads of Departments.

The President shall have Power to fill up all Vacancies
that may happen during the recess of the Senate, by
granting Commissions which shall expire at the End of
their next Session.

SECTION 3. He shall from time to time give to the
Congress Information of the state of the Union, and
recommend to their Consideration such Measures as he
shall judge necessary and expedient ; he may, on extra-
ordinary Occasions, convene both Houses, or either of
them, and, in Case of Disagreement between them, with
Respect to the Time of Adjournment, he may adjourn
them to such Time as he shall think proper ; he shall
receive Ambassadors and other public Ministers ; he

264

DOCUMENTS ILLUSTRATIVE

shall take Care that the Laws be faithfully executed, and
shall Commission all the Officers of the United States.
SECTION 4. The President, Vice President and all civil
Officers of the United States, shall be removed from
Office on Impeachment for, and Conviction of, Treason,
Bribery, or other high Crimes and Misdemeanors.

ARTICLE III.

SECTION i. The judicial Power of the United States,
shall be vested in one supreme Court, and in such infe-
rior Courts as the Congress may from time to time ordain
and establish. The Judges, both of the supreme and
inferior Courts, shall hold their Offices during good
Behaviour, and shall, at stated Times, receive for their
Services, a Compensation, which shall not be diminished
during their Continuance in Office.

Section 2. The judicial Power shall extend to all
Cases, in Law and Equity, arising under this Constitu-
tion, the Laws of the United States, and Treaties made,
or which shall be made, under their Authority ; — to all
Cases affecting Ambassadors, other public Ministers and
Consuls ; — to all Cases of admiralty and maritime Juris-
diction ; — to Controversies to which the United States
shall be a Party ; — to Controversies between two or more
States ; — between a State and Citizens of another State ;
— between Citizens of different States, — between Citizens
of the same State claiming Lands under Grants of differ-
ent States, and between a State, or the Citizens thereof,
and foreign States, Citizens or Subjects.

In all Cases affecting Ambassadors, other public Min-
isters and Consuls, .and those in which a State shall be
Party, the supreme Court shall have original Jurisdiction.
In all the other Cases before mentioned, the supreme
Court shall have appellate Jurisdiction, both as to Law
and Fact, with such Exceptions, and under such Regula-
tions as the Congress shall make.

OF AMERICAN HISTORY

265

The Trial of all Crimes, except in Cases of Impeach-
ment, shall be by Jury ; and such Trial shall be held in
the State where the said Crimes shall have been com-
mitted ; but when not committed within any State, the
Trial shall be at such Place or Places as the Congress
may by Law have directed.

Section 3. Treason against the United States, shall
consist only in levying War against them, or in adhering
to their Enemies, giving them Aid and Comfort. No
Person shall be convicted of Treason unless on the Tes-
timony of two Witnesses to the same overt Act, or on
Confession in open Court.

The Congress shall have Power to declare the Punish-
ment of Treason, but no Attainder of Treason shall work
Corruption of Blood, or Forfeiture except during the
Life of the Person attainted.

ARTICLE IV.

SECTION i. Full Faith and Credit shall be given in
each State to the public Acts, Records, and judicial Pro-
ceedings of every other State. And the Congress may
by general Laws prescribe the Manner in which such
Acts, Records and Proceedings shall be proved, and the
Effect thereof.

Section 2. The Citizens of each State shall be en-
titled to all Privileges and immunities of Citizens in
the several States.

A person charged in any State with Treason, Felony,
or other Crime, who shall flee from Justice, and be found
in another State, shall on Demand of the executive
Authority of the State from which he fled, be delivered
up to be removed to the State having Jurisdiction of the
Crime.

No Person held to Service or Labour in one State,
under the Laws thereof, escaping into another, shall, in
Consequence of any Law or Regulation therein, be dis-

266 DOCUMENTS ILL USTRA TIVE

charged from such Service or Labour, but shall be deliv-
ered up on Claim of the Party to whom such Service or
Labour may be due.

Section 3. New States may be admitted by the Con-
gress into this Union ; but no new State shall be formed
or erected within the Jurisdiction of any other State ;
nor any State be formed by the Junction of two or more
States, or Parts of States, without the Consent of the
Legislatures of the States concerned as well as of the
Congress.

The Congress shall have Power to dispose of and make
all needful Rules and Regulations respecting the Terri-
tory or other Property belonging to the United States ;
and nothing in this Constitution shall be so construed as
to Prejudice any Claims of the United States, or of any
particular State.

Section 4. The United States shall guarantee to
every State in this Union a Republican Form of Govern-
ment, and shall protect each of them against Invasion ;
and on Application of the Legislature, or of the Execu-
tive (when the Legislature cannot be convened) against
domestic Violence.

ARTICLE V.

The Congress, whenever two thirds of both Houses
shall deem it necessary, shall propose Amendments to
this Constitution, or, on the Application of the Legisla-
tures of two thirds of the several States, shall call a
Convention for proposing Amendments, which, in either
Case, shall be valid to all Intents and Purposes, as Part
of this Constitution, when ratified by the Legislatures of
three fourths of the several States, or by Conventions in
three fourths thereof, as the one or the other Mode of
Ratification may be proposed by the Congress ; Provided
that no Amendment which may be made prior to the
Year One thousand eight hundred and eight shall in any

OF AMERICAN HISTORY.

267

Manner affect the first and fourth Clauses in the Ninth
Section of the first Article ; and that no State, without
its Consent, shall be deprived of its equal Suffrage in the
Senate.

ARTICLE VI.

All Debts contracted and Engagements entered into,
before the Adoption of this Constitution, shall be as
valid against the United States under this Constitution,
as under the Confederation.

This Constitution, and the Laws of the United States
which shall be made in Pursuance thereof ; and all
Treaties made, or which shall be made, under the
Authority of the United States, shall be the supreme
Law of the Land ; and the Judges in every State shall
be bound thereby, any Thing in the Constitution or
Laws of any State to the Contrary notwithstanding.

The Senators and Representatives before mentioned,
and the Members of the several State Legislatures, and
all executive and judicial Officers, both of the United
States and of the several States, shall be bound by Oath
or Affirmation, to support this Constitution ; but no
religious Test shall ever be required as a Qualification to
any Office or public Trust under the United States.

ARTICLE VII.

The ratification of the Conventions of nine States,
shall be sufficient for the Establishment of this Constitu-
tion between the States so ratifying the Same.

DONE in Convention by the Unanimous Consent of the
States present the Seventeenth Day of September in
the Year of our Lord one thousand seven hundred and
Eighty seven, and of the Independance of the United

268 DOCUMENTS ILLUSTRATIVE

States of America the Twelfth. In witness whereof
We have hereunto subscribed our Names,

G°: WASHINGTON—
Prcsidt., and Deputy from Virginia.

New Hampshire.
John Langdon, Nicholas Gilman.

Massaclmsctts.
Nathaniel Gorham, Rufus King.

Connecticut.
Wm. Saml. Johnson, Roger Sherman.

New York.
Alexander Hamilton.

New Jersey.
Wil : Livingston, Wm. Paterson,

David Brearley, Jona. Dayton.

Pennsylvania.
B. Franklin, Thos. Fitzsimons,

Thomas Mifflin, Jared Ingersoll,

Robt. Morris, James Wilson,

Geo. Clymer, Gouv. Morris.

Delaware.
Geo. Read, Richard Bassett,

Gunning Bedford, Jun., Jaco : Broom.

John Dickinson,

Maryland.
James McHenry, Dan. Carroll.

Dan. Jenifer, of St. Thomas,

Virginia.
John Blair, James Madison, Jr.

North Carolina.
Wm. Blount, Hugh Williamson.

Rich'd Dobbs Speight,

South Carolina.
J. Rutledge, Charles Pinckney,

Charles Cotesworth Pinckney, Pierce Butler.

OF AMERICAN HISTORY. 26o

Georgia.
William Few, Abr. Baldwin.

Attest : WILLIAM JACKSON, Secretary.

ARTICLES IN ADDITION TO, AND AMENDMENT OF, THE
CONSTITUTION OF THE UNITED STATES OF AMERICA,
PROPOSED BY CONGRESS, AND RATIFIED BY THE LEG-
ISLATURES OF THE SEVERAL STATES PURSUANT TO
THE FIFTH ARTICLE OF THE ORIGINAL CONSTITUTION.

[ARTICLE I.]*

Congress shall make no law respecting an establish-
ment of religion, or prohibiting the free exercise thereof ;
or abridging the freedom of speech, or of the press ; or
the right of the people peaceably to assemble, and to
petition the Government for a redress of grievances.

[ARTICLE II.]

A well regulated Militia, being necessary to the secur-
ity of a free State, the right of the people to keep and
bear Arms, shall not be infringed.

[ARTICLE III.]

No Soldier shall, in time of peace, be quartered in any
house, without the consent of the Owner, nor in time of
war, but in a manner to be prescribed by law.

[ARTICLE IV.]

The right of the people to be secure in their persons,
houses, papers, and effects, against unreasonable searches

* The first ten amendments to the Constitution of the United States
were proposed to the legislatures of the several States by the First Con-
gress, on the 25th September, 1789.

2/0

DOCUMENTS ILLUSTRATIVE

and seizures, shall not be violated, and no Warrants shall
issue, but upon probable cause, supported by Oath or
affirmation, and particularly describing the place to be
searched, and the persons or things to be seized.

[ARTICLE V.]

No person shall be held to answer for a capital, or
otherwise infamous crime, unless on a presentment or in-
dictment of a Grand Jury, except in cases arising in the
land or naval forces, or in the Militia, when in actual
service in time of War or public danger ; nor shall any
person be subject for the same offence to be twice put in
jeopardy of life or limb ; nor shall be compelled in any
Criminal Case to be a witness against himself, nor be de- .
prived of life, liberty, or property, without due process
of law ; nor shall private property be taken for public
use, without just compensation.

[ARTICLE VI.]

In all criminal prosecutions, the accused shall enjoy
the right to a speedy and public trial, by an impartial
jury of the State and district wherein the crime shall
have been committed, which district shall have been
previously ascertained by law, and to be informed of the
nature and cause of the accusation ; to be confronted
with the witnesses against him ; to have compulsory
process for obtaining witnesses in his favor, and to have
the Assistance of Counsel for his defence.

[ARTICLE VII.]

In suits at common law, where the value in Controversy
shall exceed twenty dollars, the right of trial by jury
shall be preserved, and no fact tried by a jury shall be
otherwise re-examined in any Court of the United States,
than according to the rules of the common law.

OF AMERICAN HISTORY.

[ARTICLE VIIL]

271

Excessive bail shall not be required, nor excessive fines
imposed, nor cruel and unusual punishments inflicted.

[ARTICLE IX.]

The enumeration in the Constitution, of certain rights,
shall not be construed to deny or disparage others re-
tained by the people.

[ARTICLE X.]

The powers not delegated to the United States by the
Constitution, nor prohibited by it to the States, are re-
served to the States respectively, or to the people.

[ARTICLE XI.]*

The Judicial power of the United States shall not be
construed to extend to any suit in law or equity, com-
menced or prosecuted against one of the United States
by Citizens of another State, or by Citizens or Subjects
of any Foreign State.

[ARTICLE XII.]f

The Electors shall meet in their respective States, and
vote by ballot for President and Vice-President, one of

*The eleventh amendment to the Constitution of the United States was
proposed to the legislatures of the several States by the Third Congress, on
the 5th of September, 1794 ; and was declared in a message from the Presi-
dent to Congress, dated the 8th of January, 1798, to have been ratified by
the legislatures of three-fourths of the States. [Poore.]

t The twelfth amendment to the Constitution of the United States was
proposed to the legislatures of the several States by the Eighth Congress,
on the 12th of December, 1803, in lieu of the third paragraph of the first
section of the third article ; and was declared in a proclamation of the
Secretary of State, dated the 25th of September, 1804, to have been ratified
by the legislatures of three-fourths of the States. [Poore.]

272

DOCUMENTS ILLUSTRATIVE

whom, at least, shall not be an inhabitant of the same
State with themselves ; they shall name in their ballots
the person voted for as President, and in distinct ballots
the person voted for as Vice-President, and they shall
make distinct lists of all persons voted for as President,
and of all persons voted for as Vice-President, and of the
number of votes for each, which lists they shall sign and
certify, and transmit sealed to the seat of the Government
of the United States, directed to the President of the
Senate ; — The President of the Senate shall, in the pres-
ence of the Senate and House of Representatives, open
all the certificates and the votes shall then be counted ; —
The person having the greatest number of votes for
President, shall be the President, if such number be a
majority of the whole number of Electors appointed ; and
if no person have such majority, then from the persons
having the highest numbers not exceeding three on the
list of those voted for as President, the House of Repre-
sentatives shall choose immediately, by ballot, the Pres-
ident. But in choosing the President, the votes shall be
taken by states, the representation from each state hav-
ing one vote ; a quorum for this purpose shall consist of
a member or members from two thirds of the states, and
a majority of all the states shall be necessary to a choice.
And if the House of Representatives shall not choose a
President whenever the right of choice shall devolve upon
them, before the fourth day of March next following,
then the Vice-President shall act as President, as in the
case of the death or other constitutional disability of
the President. The person having the greatest number
of votes as Vice-president, shall be the Vice-President, if
such number be a majority of the whole number of
Electors appointed, and if no person have a majority,
then from the two highest numbers on the list, the Senate
shall choose the Vice-President ; a quorum for the pur-
pose shall consist of two-thirds of the whole number of
Senators, and a majority of the whole number shall be

OF AMERICAN HISTORY.

273-

necessary to a choice. But no person constitutionally
ineligible to the office of President shall be eligible to that
of Vice-President of the United States.

[ARTICLE XIII.]*

SECTION i. Neither slavery nor involuntary servitude,
except as a punishment for crime whereof the party shall
have been duly convicted, shall exist within the United
States, or any place subject to their jurisdiction.

Section 2. Congress shall have power to enforce this
article by appropriate legislation.

[ARTICLE XIV.] f

SECTION i. All persons born or naturalized in the
United States, and subject to the jurisdiction thereof, are

* The thirteenth amendment to the Constitution of the United States was
proposed to the legislatures of the several States by the Thirty-eighth Con-
gress, on the first of February, 1865 ; and was declared, in a proclamation
of the Secretary of State, dated the 18th of December, 1865, to have
been ratified by the legislatures of twenty-seven of the thirty-six States viz. :
Illinois, Rhode Island, Michigan, Maryland, New York, West Virginia,
Maine, Kansas, Massachusetts, Pennsylvania, Virginia, Ohio, Missouri, Ne-
vada, Indiana, Louisiana, Minnesota, Wisconsin, Vermont, Tennessee, Ar-
kansas, Connecticut, New Hampshire, South Carolina, Alabama, North
Carolina, and Georgia. [Poore.]

t The fourteenth amendment to the Constitution of the United States was
proposed to the legislatures of the several States by the Thirty-ninth Con-
gress, on the 16th of June, 1866. On the 21st of July, 1868, Congress
adopted and transmitted to the Department of State a concurrent resolution,
declaring that " the legislatures of the States of Connecticut, Tennessee,
New Jersey, Oregon, Vermont, New York, Ohio, Illinois, West Virginia,
Kansas, Maine, Nevada, Missouri, Indiana, Minnesota, New Hampshire,
Massachusetts, Nebraska, Iowa, Arkansas, Florida, North Carolina, Ala-
bama, South Carolina, and Louisiana, being three-fourths and more of the
several States of the Union, have ratified the fourteenth article of amend-
ment to the Constitution of the United States, duly proposed by two-thirds
of each House of the Thirty-ninth Congress : Therefore, Resolved, That
said fourteenth article is hereby declared to be a part of the Constitution of
the United States, and it shall be duly promulgated as such by the Secretary
of State." [Poore.]
18

2 y, DOCUMENTS ILL USTKA TIVE

citizens of the United States and of the State wherein
they reside. No State shall make or enforce any law
which shall abridge the privileges or immunities of citi-
zens of the United States ; nor shall any State deprive
any person of life, liberty, or property, without due pro-
cess of law ; nor deny to any person within its jurisdiction
the equal protection of the laws.

Section 2. Representatives shall be apportioned
among the several States according to their respective
numbers, counting the whole number of persons in each
State, excluding Indians not taxed. But when the right
to vote at any election for the choice of electors for Pres-
ident and Vice President of the United States, Represent-
atives in Congress, the Executive and Judicial officers
of a State, or the members of the Legislature thereof, is
denied to any of the male inhabitants of such State, be-
ing twenty-one years of age, and citizens of the United
States, or in any way abridged, except for participation
in rebellion, or other crime, the basis of representation
therein shall be reduced in the proportion which the num-
ber of such male citizens shall bear to the whole number
of male citizens twenty-one years of age in such State.

SECTION 3. No person shall be a Senator or Represent-
ative in Congress, or elector of President and Vice-Pres-
ident, or hold any office, civil, or military, under the
United States, or under any State, who, having previously
taken an oath, as a member of Congress, or as an officer
of the United States, or as a member of any State Legis-
lature, or as an executive or judicial officer of any State,
to support the Constitution of the United States, shall
have engaged in insurrection or rebellion against the
same, or given aid or comfort to the enemies thereof.
But Congress may by a vote of two-thirds of each House,
remove such disability.

SECTION 4. The validity of the public debt of the
United States, authorized by law, including debts in-
curred for payment of pensions and bounties for services

OF AMERICAN HISTOR Y. 27$

in suppressing insurrection or rebellion, shall not be ques-
tioned. But neither the United States nor any State
shall assume or pay any debt or obligation incurred in aid
of insurrection or rebellion against the United States, or
any claim for the loss or emancipation of any slave ; but
all such debts, obligations and claims shall be held illegal
and void.

Section 5. The Congress shall have power to enforce,
by appropriate legislation, the provisions of this article.

[ARTICLE XV.]*

SECTION i. The right of citizens of the United States
to vote shall not be denied or abridged by the United
States or by any State on account of race, color, or pre-
vious condition of servitude.

Section 2. The Congress shall have power to enforce
this article by appropriate legislation.

ARTICLES IN ADDITION TO, AND AMEND-
MENT OF, THE CONSTITUTION OF THE
UNITED STATES, PROPOSED BY CONGRESS,
BUT NOT RATIFIED BY THE LEGISLA-
TURES OF THE SEVERAL STATES, PUR-
SUANT TO THE FIFTH ARTICLE OF THE
ORIGINAL CONSTITUTION.

PROPOSED BY THE FIRST CONGRESS, FIRST SESSION,
MARCH 4, 1789.

Article I. After the first enumeration required by
the first article of the Constitution, there shall be one
Representative for every thirty thousand, until the nura-

* The fifteenth amendment to the Constitution of the United States was
proposed to the legislatures of the several States by the Fortieth Congress,
on the 27th of February, 1S69, and was declared, in a proclamation of the
Secretary of State, dated March 30, 1870, to have been ratified by the legis-
latures of twenty-nine of the thirty-seven States. [Poore.]

276

DOCUMENTS ILLUSTRATIVE

ber shall amount to one hundred, after which, the pro-
portion shall be so regulated by Congress, that there
shall be not less than one hundred Representatives, nor
less than one Representative for every forty thousand
persons, until the number of Representatives shall
amount to two hundred, after which the proportion shall
be so regulated by Congress, that there shall not be less
than two hundred Representatives, nor more than one
Representative for every fifty thousand persons.

Art. II. No law, varying the compensation for the
services of the Senators and Representatives, shall take
effect, until an election of Representatives shall have in-
tervened.

PROPOSED BY THE ELEVENTH CONGRESS, SECOND SES-
SION, NOVEMBER 27, 1809.

If any citizen of the United States shall accept, claim,
receive or retain any title of nobility or honor, or shall,
without the consent of Congress, accept and retain any
present, pension, office or emolument of any kind what-
ever, from any emperor, king, prince, or foreign power,
such person shall cease to be a citizen of the United
States, and shall be incapable of holding any office of
trust or profit under them, or either of them.

PROPOSED BY THE THIRTY-SIXTH CONGRESS, SECOND
SESSION, MARCH 2, l86l.

Article XIII. No amendment shall be made to the
Constitution which will authorize or give to Congress the
power to abolish or interfere, within any State, with the
domestic institutions thereof, including that of persons
held to labor or service by the laws of said State.

OF AMERICAN HISTORY. 21J

ALIEN AND SEDITION LAWS— 1798.

During the French excitement the Federalists
pushed through Congress two acts which proved
the ruin of their party. The Alien Act of June 25,
1 795, "which stands without a parallel in Ameri-
can legislation," was followed, July 6, by a second
act directed against " Alien Enemies." The Alien
Act passed the house by a close vote of 46 to 40.
The Sedition Act of July 14, 1798, passed the
house by a still closer vote of 44 to 41. Five
years before (1792) England had passed an alien
act followed by other acts of similar tenor.

The first prosecution under the Sedition Act
was peculiar. Matthew Lyon, M.C., from Ver-
mont, was tried, convicted and sentenced to four
months' imprisonment and $1000 fine. In 1840,
long after Lyon's death, Congress restored to his
heirs the fine paid, with the accrued interest.

The opposition to these acts formulated itself in
numerous petitions from all sections, north as well
as south, and finally in the Virginia and Kentucky
Revolutions.

Consult Schouler's U. S., I., 393 ; Stevens' Al-
bert Gallatin, 156; Von Hoist's Cons. Hist. U.S.,
I., 142; Bryant and Gay's U. S., IV., 129;
McMastcr's U. S, II., 393; Hildreth's U. S, V.,
216 and 225; Gibbs' Washington and Adams, II.,
73; Hamilton s Republic, VII., 156, 276, 341.

278

DOCUMENTS ILLUSTRATIVE

AN ACT CONCERNING ALIENS.

Section i. Be it enacted by the Senate and House of
Representatives of the United States of America in Congress
assembled, That it shall be lawful for the President of the
United States at any time during the continuance of
this act to order all such aliens as he shall judge danger-
ous to the peace and safety of the United States, or
shall have reasonable grounds to suspect are concerned in
any treasonable or secret machinations against the gov-
ernment thereof, to depart out of the territory of the
United States, within such time as shall be expressed in
such order, which order shall be served on such alien by
delivering him a copy thereof, or leaving the same at
his usual abode, and returned to the office of the Secre-
tary of State, by the marshal or other person to whom
the same shall be directed. And in case any alien, so
ordered to depart, shall be found at large within the
United States after the time limited in such order for his
departure, and not having obtained a licence from the Pres-
ident to reside therein, or having obtained such licence
shall not have conformed thereto, every such alien shall, on
conviction thereof, be imprisoned for a term not exceed-
ing three years, and shall never after be admitted to be-
come a citizen of the United States. Provided always,
and be it furtlier enacted, that if any alien so ordered to
depart shall prove to the satisfaction of the President, by
evidence to be taken before such person or persons as
the President shall direct, who are for that purpose
hereby authorized to administer oaths, that no injury or
danger to the United States will arise from suffering such
alien to reside therein, the President of the United States
may grant a licence to such alien to remain within
the United States for such time as he shall judge
proper, and at such place as he may designate. And
the President may also require of such alien to enter
into a bond to the United States, in such penal sum as

OF AMERICAN HISTOR Y. 2 7g

he may direct, with one or more sufficient sureties to the
satisfaction of the person authorized by the President to
take the same, conditioned for the good behavior of
such alien during his residence in the United States, and
not violating his licence, which licence the President
may revoke whenever he shall think proper.

Sec. 2. And be it further enacted, That it shall be law-
ful for the President of the United States, whenever he
may deem it necessary for the public safety, to order
to be removed out of the territory thereof, any alien,
who may or shall be in prison in pursuance of this act ;
and to cause to be arrested and sent out of the United
States such of those aliens as shall have been ordered to
depart therefrom and shall not have obtained a licence as
aforesaid, in all cases where, in the opinion of the Presi-
dent, the public safety requires a speedy removal. And
if any alien so removed or sent out of the United States
by the President, shall voluntarily return thereto, unless
by permission of the President of the United States, such
alien on conviction thereof, shall be imprisoned so long
as, in the opinion of the President, the public safety may
require.

Sec. 3. And be it further enacted, That every master or
commander of any ship or vessel which shall come into
any port of the United States after the first day of July
next, shall immediately on his arrival make report in
writing to the collector or other chief officer of the cus-
toms of such port, of all aliens, if any, on board his ves-
sel, specifying their names, age, the place of nativity, the
country from which they shall have come, the nation to
which they belong and owe allegiance, their occupation
and a description of their persons, as far as he shall be in-
formed thereof, and on failure, every such master and
commander shall forfeit and pay three hundred dollars,
for the payment whereof on default of such master or
commander, such vessel shall also be holden, and may
by such collector or other officer of the customs be de-

2 go DOCUMENTS ILL USTRA TIVE

tained. And it shall be the duty of such collector or
other officer of the customs, forthwith to transmit to the
office of the department of State true copies of all such
returns.

Sec. 4. And be it furtlier enacted, That the circuit and
district courts of the United States, shall respectively
have cognizance of all crimes and offences against this
act. And all marshalls and other officers of the United
States are required to execute all precepts and orders
of the President of the United States issued in pursuance
or by virtue of this act.

Sec. 5. And be it further enacted, That it shall be law-
ful for any alien who may be ordered to be removed
from the United States, by virtue of this act, to take
with him such part of his goods, chattels, or other prop-
erty as he may find convenient ; and all property left in
the United States by any alien, who may be removed, as
aforesaid, shall be, and remain subject to his order and
disposal, in the same manner as if this act had not been
passed.

SEC. 6. And be it further enacted, That this act shall
continue and be in force for and during the term of two
years from the passing thereof.
Approved June 25, 1798.

AN ACT IN ADDITION TO THE ACT ENTI-
TLED "AN ACT FOR THE PUNISHMENT OF
CERTAIN CRIMES AGAINST THE UNITED
STATES.

SECTION i. Be it enacted by the Senate and House of
Representatives of the United States of America assembled,
That if any persons shall unlawfully combine or conspire
together, with intent to oppose any measure or measures
of the government of the United States, which are or
shall be directed by proper authority, or to impede the
operation of any law of the United States, or to intimi-

OF AMERICAN HIS TOR Y. 2g j

date or prevent any person holding a place or office in
or under the government of the United States, from
undertaking, performing or executing his trust or duty ;
and if any person or persons, with intent as aforesaid,
shall counsel, advise or attempt to procure any insurrec-
tion, riot, unlawful assembly, or combination, whether
such conspiracy, threatening, counsel, advice, or attempt
shall have the proposed effect or not, he or they shall be
deemed guilty of a high misdemeanor, and on conviction,
before any court of the United States having jurisdiction
thereof, shall be punished by a fine not exceeding five
thousand dollars and by imprisonment during a term
not less than six months nor exceeding five years ; and
further at the discretion of the court may be holden to
find sureties for his good behavior in such sum, and for
such time, as the said court may direct.

Sec. 2. And be it further enacted, That if any person
shall write, print, utter or publish, or shall cause or pro-
Cure to be written, printed, uttered or published or shall
knowingly and willingly assist or aid in writing, printing,
uttering or publishing any false, scandalous and malicious
writing or writings against the government of the United
States, or either house of the Congress of the United
States, or the President of the United States, with in-
tent to defame the said government, or either house of
the said Congress, or the said President, or to bring
them or either of them, into contempt or disrepute; or
to excite against them, or either, or any of them, the
hatred of the good people of the United States, or to
stir up sedition within the United States, or to excite
any unlawful combinations therein, for opposing or re-
sisting any law of the United States, or any act of the
President of the United States, and one in pursuance of
any such law, or of the powers in him vested by the
constitution of the United States, or to resist, oppose,
or defeat any such law or act, or to aid, encourage or
abet any hostile designs of any foreign nation against

2g2 DOCUMENTS ILLUSTRATIVE

the United States, their people or government, then
such person, being thereof convicted before any court
of the United States having jurisdiction thereof, shall
be punished by a fine not exceeding two thousand
dollars, and by imprisonment not exceeding two years.

Sec. 3. And be it further enacted, and declared, That
if any person shall be prosecuted under this act, for the
writing or publishing any libel aforesaid, it shall be lawful
for the defendant, upon the trial of the cause, to give in
evidence in his defence, the truth of the matter contained
in the publication charged as a libel. And the jury who
shall try the cause, shall have a right to determine
the law and the fact, under the direction of the court, as
in other cases.

Sec. 4. And be it furtlicr enacted, That this act
shall continue and be in force until the third day
of March, one thousand eight hundred and one, and no
longer : Provided, that the expiration of the act shall
not prevent or defeat a prosecution and punishment of
any offence against the law, during the time it shall be
in force.

Approved, July 14, 1798.

OF AMERICAN HISTORY. 283

THE VIRGINIA AND KENTUCKY
RESOLUTIONS.

The Virginia and Kentucky Resolutions, the
expression of the opposition to the Alien and
Sedition laws originated in a conference at Mon-
ticello between Thos. Jefferson and two brothers,
Geo. Nicholas, of Kentucky, and Wm. C. Nicholas,
of Virginia, while Madison may have been present.
As a result, Jefferson drafted the Kentucky res-
olutions and Madison, the Virginia. Jefferson's
resolutions were passed by the Kentucky legis-
lature November 10, 1798, and Madison's, by the
Virginia legislature December 21, 1798. These
resolutions were forwarded to the legislatures of
the several states and elicited decidedly unfavor-
able replies from the states north of the Potomac.
In answer to these replies the Kentucky resolu-
tions of 1 799 were adopted.

Jefferson's latest biographer, John T. Morse,
says the Kentucky Resolutions " remained a
foundation and sufficient precedent and authority
for all the subsequent secession doctrines of the
Eastern states, for the nullification proceedings
of South Carolina, almost, if not quite, for the Re-
bellion of 1861."

The Kentucky legislature somewhat modified
Jefferson's draft, striking out the nullification

284

DOCUMENTS ILLUSTRATIVE

clause, which, however, appeared in the final res-
olution in the next year, 1 799.

Consult Schouler's U. S., I., 423; Bryant and
Gay's U. S., IV.', 130; Von Hoist's Const. Hist.
U. S., I., 143 ; Hildreth's U. S., V., 272 ; McMasters
U.S., II., 419 ; Morse 's Jefferson, 193. The orig-
inal draft of the Kentucky Resolution is in Jef-
ferson's Works, IX., 494. The replies of the
States to the Resolutions, together with Madi-
son's Report in the replies, are in Elliot 's Debates,
vol. IV.

VIRGINIA RESOLUTIONS OF 1798.

Virginia to wit,

In the House of Delegates,

Friday, December 21st, 1798.

Resolved, that the General Assembly of Virginia doth
unequivocally express a firm resolution to maintain and
defend the constitution of the United States, and the
constitution of this state, against every aggression, either
foreign or domestic, and that they will support the gov-
ernment of the United States in all measures, warranted
by the former.

That this Assembly most solemnly declares a warm
attachment to the union of the states, to maintain which,
it pledges its powers ; and that for this end, it is their
duty, to watch over and oppose every infraction of those
principles, which constitute the only basis of that union,
because a faithful observance of them, can alone secure
its existence, and the public happiness.

That this Assembly doth explicitly and peremptorily
declare, that it views the powers of the Federal Govern-
ment, as resulting from the compact, to which the states
are parties ; as limited by the plain sense and intention of

OF AMERICAN HISTORY.

285

the instrument constituting that compact ; as no farther
valid than they are authorized by the grants enumerated
in that compact, and that in case of a deliberate,
palpable and dangerous exercise of other powers not
granted by the said compact, the states who are parties
thereto have the right, and are in duty bound, to inter-
pose for arresting the progress of the evil, and for main-
taining, within their respective limits, the authorities,
rights, and liberties appertaining to them.

That the General Assembly doth also express its deep
regret, that a spirit has, in sundry instances, been mani-
fested by the Federal Government, to enlarge its powers
by forced constructions of the constitutional charter
which defines them ; and that indications have appeared
of a design to expound certain general phrases (which
having been copied from the very limited grant of pow-
ers in the former articles of confederation were the less
liable to be misconstrued) so as to destroy the meaning
and effect of the particular enumeration, which necessarily
explains and limits the general phrases; and so as to con-
solidate the states by degrees into one sovereignty, the
obvious tendency and inevitable consequence of which
would be, to transform the present republican system of
the United States, into an absolute, or at best a mixed
monarchy.

That the General Assembly doth particularly protest
against the palpable and alarming infractions of the con-
stitution, in the two late cases of the " Alien and Sedi-
tion acts," passed at the last session of Congress ; the first
of which exercises a power nowhere delegated to the
Federal Government ; and which by uniting legislative
and judicial powers, to those of executive, subverts the
general principles of free government, as well as the par-
ticular organization and positive provisions of the federal
constitution: and the other of which acts, exercises in
like manner a power not delegated by the constitution,
but on the contrary expressly and positively forbidden by

2 $6 DOCUMENTS ILL USTRA TIVE

one of the amendments thereto ; a power which more
than any other ought to produce universal alarm, be-
cause it is levelled against that right of freely examining
public characters and measures, and of free communica-
tion among the people thereon, which has ever been
justly deemed, the only effectual guardian of every other
right.

That this state having, by its convention which rati-
fied the federal constitution, expressly declared, " that
among other essential rights, the liberty of conscience
and the press cannot be cancelled, abridged, restrained
or modified by any authority of the United States," and
from its extreme anxiety to guard these rights from
every possible attack of sophistry and ambition, having
with other states recommended an amendment for that
purpose, which amendment was in due time annexed to
the constitution, it would mark a reproachful inconsist-
ency and criminal degeneracy, if an indifference were
now shewn to the most palpable violation of one of the
rights thus declared and secured, and to the establish-
ment of a precedent which may be fatal to the other.

That the good people of this Commonwealth having
ever felt and continuing to feel the most sincere affec-
tion for their brethren of the other states, the truest
anxiety for establishing and perpetuating the union of
all, and the most scrupulous fidelity to that constitu-
tion which is the pledge of mutual friendship, and the
instrument of mutual happiness : the General Assembly
doth solemnly appeal to the like dispositions of the other
states, in confidence that they will concur with this com-
monwealth in declaring, as it does hereby declare, that
the acts aforesaid are unconstitutional, and that the
necessary and proper measures will be taken by each for
cooperating with this state, in maintaining unimpaired
the authorities, rights, and liberties, reserved to the states
respectively, or to the people.

That the Governor be desired to transmit a copy of the

OF AMERICAN HISTORY.

287

foregoing resolutions to the executive authority of each
of the other states, with a request, that the same may be
communicated to the legislature thereof.

And that a copy be furnished to each of the Senators
and Representatives representing this state in the
Congress of the United States.

Attest, John Stewart, C. H. D.

1798, December the 24th.

Agreed to by the Senate. H. Brooke, C. S.

KENTUCKY RESOLUTIONS OF 1798.

I. Resolved, that the several states composing the
United States of America, are not united on the principle
of unlimited submission to their General Government ;
but that by compact under the style and title of a Con-
stitution for the United States and of amendments
thereto, they constituted a General Government for spe-
cial purposes, delegated to that Government certain defi-
nite powers, reserving each state to itself, the residuary
mass of right to their own self-Government ; and that
whensoever the General Government assumes undelegated
powers, its acts are unauthoritative, void, and of no
force : That to this compact each state acceded as a
state, and is an integral party, its co-states forming as
to itself, the other party : That the Government created
by this compact was not made the exclusive or final
judge of the extent of the powers delegated to itself ;

since that would have made its discretion, and not the
constitution, the measure of its powers ; but that as in
all other cases of compact among parties having no com-
mon Judge, each party has an equal right to judge for
itself, as well of infractions as of the mode and measure
of redress.

II. Resolved, that the Constitution of the United States
having delegated to Congress a power to punish treason,
counterfeiting the securities and current coin of the

288 DOCUMENTS ILL USTRA TIVE

United States, piracies and felonies committed on the
High Seas, and offences against the laws of nations, and
no other crimes whatever, and it being true as a general
principle, and one of the amendments to the Constitution
having also declared, "that the powers not delegated to
the United States by the Constitution, nor prohibited by
it to the states, are reserved to the states respectively, or
to the people," therefore also the same act of Congress
passed on the 14th day of July, 1798, and entitled "An
act in addition to the act entitled an act for the punish-
ment of certain crimes against the United States;" as
also the act passed by them on the 27th day of June,
1798, Entitled "An act to punish frauds committed on
the Bank of the United States " (and all other their acts
which assume to create, define, or punish crimes other
than those enumerated in the constitution) are alto-
gether void and of no force, and that the power to
create, define, and punish such other crimes is reserved,
and of right appertains solely and exclusively to the
respective states, each within its own Territory.

III. Resolved, that it is true as a general principle, and
is also expressly declared by one of the amendments to
the Constitution that " the powers not delegated to the
United States by the Constitution, nor prohibited by it
to the states, are reserved to the states respectively or
to the people ; " and that no power over the freedom of
religion, freedom of speech, or freedom of the press
being delegated to the United States by the Constitu-
tion, nor prohibited by it to the states, all lawful pow-
ers respecting the same did of right remain, and were
reserved to the states, or to the people : That thus was
manifested their determination to retain to themselves
the right of judging how far the licentiousness of speech
and of the press may be abridged without lessening their
useful freedom, and how far those abuses which cannot
be separated from their use, should be tolerated rather
than the use be destroyed ; and thus also they guarded

OF AMERICAN HISTORY.

289

against all abridgement by the United States of the free-
dom of religious opinions and exercises, and retained to
themselves the right of protecting the same, as this
state, by a Law passed on the general demand of its Citi-
zens, had already protected them from all human re-
straint or interference : And that in addition to this gen-
eral principle and express declaration, another and more
special provision has been made by one of the amend-
ments to the Constitution which expressly declares, that
* Congress shall make no laws respecting an Establish-
ment of religion, or prohibiting the free exercise thereof,
or abridging the freedom of speech, or of the press,"
thereby guarding in the same sentence, and under the
same words, the freedom of religion, of speech, and of
the press, insomuch, that whatever violates either,
throws down the sanctuary which covers the others, and
that libels, falsehoods, defamation, equally with heresy
and false religion, are withheld from the cognizance of
federal tribunals. That therefore the act of the Con-
gress of the United States passed on the 14th day of
July, 1798, entitled "An act in addition to the act for
the punishment of certain crimes against the United
States," which does abridge the freedom of the press, is
not law, but is altogether void and of no effect.

IV. Resolved, that alien friends are under the jurisdic-
tion and protection of the laws of the state wherein they
are ; that no power over them has been delegated to the
United States, nor prohibited to the individual states
distinct from their power over citizens; and it being true
as a general principle, and one of the amendments to the
Constitution having also declared, that "the powers not
delegated to the United States by the Constitution, nor
prohibited to the states are reserved to the states re-
spectively or to the people," the act of the Congress of
the United States passed on the 22d day of June, 1798,
entitled "An act concerning aliens," which assumes

19

2q0 DOCUMENTS ILLUSTRATIVE

power over alien friends not delegated by the Constitu-
tion, is not law, but is altogether void and of no force.

V. Resolved, that in addition to the general principle
as well as the express declaration, that powers not dele-
gated are reserved, another and more special provision
inserted in the Constitution from abundant caution has
declared, " that the migration or importation of such per-
sons as any of the states now existing shall think proper
to admit, shall not be prohibited by the Congress prior
to the year 1808." That this Commonwealth does admit
the migration of alien friends described as the subject of
the said act concerning aliens ; that a provision against
prohibiting their migration, is a provision against all acts
equivalent thereto, or it would be nugatory ; that to
remove them when migrated is equivalent to a prohibi-
tion of their migration, and is, therefore contrary to the
said provision of the Constitution, and void.

VI. Resolved, that the imprisonment of a person under
the protection of the Laws of this Commonwealth on his
failure to obey the simple order of the President to de-
part out of the United States, as is undertaken by the
said act entitled " An act concerning Aliens," is contrary
to the Constitution, one amendment to which has pro-
vided, that " no person shall be deprived of liberty with-
out due process of law," and that another having pro-
vided " that in all criminal prosecutions, the accused
shall enjoy the right to a public trial by an impartial jury,
to be informed of the nature and cause of the accusation,
to be confronted with the witnesses against him, to have
compulsory process for obtaining witnesses in his favour,
and to have the assistance of counsel for his defence," the
same act undertaking to authorize the President to re-
move a person out of the United States who is under
the protection of the Law, on his own suspicion, without
accusation, without jury, without public trial, without
confrontation of the witnesses against him, without hav-
ing witnesses in his favour, without defence, without

OF AMERICAN HISTORY.

29I

counsel, is contrary to these provisions also of the Con-
stitution, is therefore not law but utterly void and of no
force.

That transferring the power of judging any per-
son who is under the protection of the laws, from the
Courts to the President of the United States, as is under-
taken by the same act concerning Aliens, is against the
article of the Constitution which provides, that " the
judicial power of the United States shall be vested in
the Courts, the Judges of which shall hold their offices
during good behaviour," and that the said act is void for
that reason also ; and it is further to be noted, that this
transfer of Judiciary power is to that magistrate of the
General Government who already possesses all the Execu-
tive, and a qualified negative in all the Legislative powers.

VII. Resolved, that the construction applied by the
General Government (as is evidenced by sundry of their
proceedings) to those parts of the Constitution of the
United States which delegate to Congress a power to lay
and collect taxes, duties, imposts, and excises ; to pay the
debts, and provide for the common defence, and general
welfare of the United States, and to make all laws which
shall be necessary and proper for carrying into execution
the powers vested by the Constitution in the Govern-
ment of the United States, or any department thereof,
goes to the destruction of all the limits prescribed to
their power by the Constitution — That words meant by
that instrument to be subsidiary only to the execution
of the limited powers, ought not to be so construed as
themselves to give unlimited powers, nor a part so to be
taken, as to destroy the whole residue of the instrument :
That the proceedings of the General Government under
colour of these articles, will be a fit and necessary subject
for revisal and correction at a time of greater tranquillity,
while those specified in the preceding resolutions call for
immediate redress.

VIII. Resolved, that the preceding Resolutions be

2Q2 DOCUMENTS ILLUSTRATIVE

transmitted to the Senators and Representatives in Con-
gress from this Commonwealth, who are hereby enjoined
to present the same to their respective Houses, and to
use their best endeavours to procure at the next session
of Congress, a repeal of the aforesaid unconstitutional
and obnoxious acts.

IX. Resolved lastly, that the Governor of this Com-
monwealth be, and is hereby authorized and requested to
communicate the preceding Resolutions to the Legisla-
tures of the several States, to assure them that this Com-
monwealth considers Union for specified National pur-
poses, and particularly for those specified in their late
Federal Compact, to be friendly to the peace, happiness,
and prosperity of all the states : that faithful to that
compact according to the plain intent and meaning in
which it was understood and acceded to by the several
parties, it is sincerely anxious for its preservation : that
it does also believe, that to take from the states all the
powers of self government, and transfer them to a gen-
eral and consolidated Government, without regard to the
special delegations and reservations solemnly agreed to
in that compact, is not for the peace, happiness, or pros-
perity of these states : And that therefore, this Com-
monwealth is determined, as it doubts not its Co-states
are, to submit to undelegated & consequently unlim-
ited powers in no man or body of men on earth : that if
the acts before specified should stand, these conclusions
would flow from them ; that the General Government
may place any act they think proper on the list of crimes
& punish it themselves, whether enumerated or not
enumerated by the Constitution as cognizable by them :
that they may transfer its cognizance to the President or
any other person, who may himself be the accuser, coun-
sel, judge, and jury, whose suspicions may be the evi-
dence, his order the sentence, his officer the executioner,
and his breast the sole record of the transaction : that a
very numerous and valuable description of the inhabi-

OF AMERICAN HIS TOR Y. 2 g ,

tants of these states, being by this precedent reduced as
outlaws, to the absolute dominion of one man and the bar-
rier of the Constitution thus swept away from us all, no
rampart now remains against the passions and the pow-
ers of a majority of Congress, to protect from a like ex-
portation or other grievous punishment the minority of
the same body, the Legislature, Judges, Governors, &
Counsellors of the states, nor their other peaceable inhab-
itants who may venture to reclaim the constitutional
rights & liberties of the state & people, or who for
other causes, good or bad, may be obnoxious to the
views or marked by the suspicions of the President, or
be thought dangerous to his or their elections or other
interests public or personal: that the friendless alien has
indeed been selected as the safest subject of a first exper-
iment : but the citizen will soon follow, or rather has
already followed ; for already has a Sedition Act marked
him as its prey : that these and successive acts of the
same character, unless arrested on the threshold, may
tend to drive these states into revolution and blood, and
will furnish new calumnies against Republican Govern-
ments, and new pretexts for those who wish it to be be-
lieved, that man cannot be governed but by a rod of
iron : that it would be a dangerous delusion were a con-
fidence in the men of our choice to silence our fears for
the safety of our rights : that confidence is everywhere
the parent of despotism : free government is founded in
jealousy and not in confidence ; it is jealousy and not
confidence which prescribes limited Constitutions to bind
down those whom we are obliged to trust with power :
that our Constitution has accordingly fixed the limits to
which and no further our confidence may go ; and let
the honest advocate of confidence read the Alien and Se-
dition Acts, and say if the Constitution has not been wise
in fixing limits to the Government it created, and
whether we should be wise in destroying those limits ?
Let him say what the Government is if it be not a tyr-

294

DOCUMENTS ILLUSTRATIVE

anny, which the men of our choice have conferred on the
President, and the President of our choice has assented to
and accepted over the friendly strangers, to whom the
mild spirit of our country and its laws had pledged hos-
pitality and protection: that the men of our choice have
more respected the bare suspicions of the President than
the solid rights of innocence, the claims of justification,
the sacred force of truth, and the forms & substance of
law and justice. In questions of power then let no more
be heard of confidence in man, but bind him down from
mischief by the chains of the Constitution. That this
Commonwealth does therefore call on its co-States for an
expression of their sentiments on the acts concerning
Aliens, and for the punishment of certain crimes herein
before specified, plainly declaring whether these acts are
or are not authorized by the Federal Compact ? And it
doubts not that their sense will be so announced as to
prove their attachment unaltered to limited Government,
whether general or particular, and that the rights and
liberties of their Co-states will be exposed to no dangers
by remaining embarked on a common bottom with their
own : That they will concur with this Commonwealth in
considering the said acts as so palpably against the Con-
stitution as to amount to an undisguised declaration,
that the Compact is not meant to be the measure of the
powers of the General Government, but that it will pro-
ceed in the exercise over these states of all powers
whatsoever: That they will view this as seizing the
rights of the states and consolidating them in the hands
of the general government with a power assumed to
bind the states (not merely in cases made federal) but
in all cases whatsoever, by laws made, not with their
consent, but by others against their consent : That this
would be to surrender the form of Government we have
chosen, and live under one deriving its powers from its
own will, and not from our authority ; and that the Co-
states, recurring to their natural right in cases not made

OF AMERICAN HIS TOR Y. 2Q 5

federal, will concur in declaring these acts void and of
no force, and will each unite with this Commonwealth in
requesting their repeal at the next session of Congress.

EDMUND BULLOCK, 5. H. R.

JOHN CAMPBELL, 5. S. P. T.

Passed the House of Representatives, Nov. ioth, 1798.
Attest, THOMAS TODD, C. H. R.

In Senate, November 13th, 1798, unanimously concur-
red in,

Attest, B. THRUSTON, Clk. Sen.

Approved November 16th, 1798.

JAMES GARRARD, G. Kl
By the Governor,

Harry Toulmin,

Secretary of State.

THE KENTUCKY RESOLUTIONS OF 1799.

House of Representatives, Thursday, Nov. 14,
1799.

The house, according to the standing order of the day,
resolved itself into a committee, of the whole house, on
the state of the commonwealth, (Mr. Desha in the chair,)
and, after some time spent therein, the speaker resumed
the chair, and Mr. Desha reported that the committee had
taken under consideration sundry resolutions passed by
several state legislatures, on the subject of the Alien and
Sedition Laws, and had come to a resolution thereupon,
which he delivered in at the clerk's table, where it was
read and unanimously agreed to by the House as fol-
lows : —

The representatives of the good people of this com-
monwealth, in General Assembly convened, having ma-
turely considered the answers of sundry states in the
Union to their resolutions, passed the last session, re-

296

DOCUMENTS ILLUSTRATIVE

specting certain unconstitutional laws of Congress, com-
monly called the Alien and Sedition Laws, would be
faithless indeed to themselves, and to those they repre-
sent, were they* silently to acquiesce in the principles and
doctrines attempted to be maintained in all those answers,
that of Virginia only accepted. To again enter the field
of argument, and attempt more fully or forcibly to ex-
pose the unconstitutionality of those obnoxious laws,
would, it is apprehended, be as unnecessary as unavailing.
We cannot, however, but lament that, in the discussion
of those interesting subjects by sundry of the legislatures
of our sister states, unfounded suggestions and uncandid
insinuations, derogatory to the true character and prin-
ciples of this commonwealth, have been substituted in
place of fair reasoning and sound argument. Our opin-
ions of these alarming measures of the general govern-
ment, together with our reasons for those opinions, were
detailed with decency and with temper, and submitted
to the discussion and judgment of our fellow-citizens
throughout the Union. Whether the like decency and
temper have been observed in the answers of most of
those States who have denied or attempted to obviate
the great truths contained in those resolutions, we have
now only to submit to a candid world. Faithful to the
true principles of the federal Union, unconscious of any de-
signs to disturb the harmony of that Union and anxious
only to escape the fangs of despotism, the good people
of this commonwealth are regardless of censure or ca-
lumniation. Lest, however, the silence of this common-
wealth should be construed into an acquiescence in the
doctrines and principles advanced, and attempted to be
maintained by the said answers or, at least those of our
fellow-citizens, throughout the Union, who so widely
differ from us on those important subjects, should be de-
luded by the expectation that we shall be deterred from
what we conceive our duty, or shrink from the principles
contained in those resolutions, — therefore,

OF AMERICAN HIS TOR V. 2Q7

Resolved, That this Commonwealth considers the
Federal Union upon the terms and for the purposes
specified in the late compact, conducive to the liberty and
happiness of the several States : That it does now un-
equivocally declare its attachment to the Union, and to
that compact, agreeably to its obvious and real intention,
and will be among the last to seek its dissolution : That,
if those who administer the general government be per-
mitted to transgress the limits fixed by that compact, by
a total disregard to the special delegations of power
therein contained, an annihilation of the State govern-
ments, and the creation, upon their ruins of a general
consolidated government, will be the inevitable conse-
quence : That the principle and construction, contended
for by sundry of the state legislatures, that the general
government is the exclusive judge of the extent of the
powers delegated to it, stop not short of despotism — since
the discretion of those who administer the government,
and not the Constitution, would be the measure of their
powers : That the several States who formed that in-
strument, being sovereign and independent, have the un-
questionable right to judge of the infraction ; and, That
a nullification, by those sovereignties of all unautJiorized
acts done under color of that instrument, is the rightful
remedy : That this Commonwealth does, under the most
deliberate reconsideration, declare, that the said Alien
and Sedition Laws are, in their opinion, palpable viola-
tions of the said Constitution ; and, however cheerfully
it may be disposed to surrender its opinion to a majority
of its sister States, in matters of ordinary or doubtful
policy, yet, in momentous regulations like the present,
which so vitally wound the best rights of the citizen, it
would consider a silent acquiescence as highly criminal :
That, although this Commonwealth, as a party to the
Federal compact, will boiv to the laivs of the Union, yet
it does, at the same time, declare, that it will not now,
or cer hereafter, cease to oppose, in a constitutional

298

DOCUMENTS ILLUSTRATIVE

manner, every attempt, at what quarter so ever offered,
to violate that compact : And finally, in order that no
pretext or arguments may be drawn from a supposed
acquiescence, on the part of this Commonwealth, in the
constitutionality of those laws, and be thereby used as
precedents for similar future violations of the federal
compact, this Commonwealth does now enter against
them its solemn Protest.

Extract, etc. Attest, THOMAS TODD, C. H. R.

In Senate, Nov. 22, 1799. — Read and concurred in.

Attest, B. THURSTON, C. 5.

OF AMERICAN HISTORY.

299

ORDINANCE OF NULLIFICATION— 1832.

The protection tariff of 1828 gave great dissat-
isfaction to the Southern states, some legislatures
even pronouncing it unconstitutional. The tariff
of 1832, though reducing the duties, failed to sat-
isfy the South while Calhoun's development of the
doctrine of nullification incited to more decided
action. Accordingly a state convention assem-
bling at Charleston, S. C, passed the following or-
dinance of nullification Nov. 24, 1832, to take ef-
fect the first of the ensuing February. The con-
vention merely carried out the principles of the
Virginia and Kentucky resolutions of 1 798 and 1 799.
President Jackson promptly issued a proclamation
against nullification (Dec. 10, 1832), answering the
arguments of the nullifiers, and asserted his deter-
mination to maintain the Union. Congress, after
heated discussion, passed a bill for enforcing the
tariff ; but all trouble was averted by the passage
of Clay's Compromise Tariff, providing for a grad-
ual reduction, of duties till Sep. 30, 1842, after
which time duties were to be uniformly 20 per cent.
The bill was signed by the President Mar. 2, 1833,
and on Mar. 16, South Carolina repealed the nulli-
fication ordinance.

By this compromise harmony was restored ; but
the final settlement of the nullification question
was merely postponed.

300

DOCUMENTS ILLUSTRATIVE

Consult Bryant and Gay's U. S., IV. ; Von
Hoist's Cons. Hist. U. S., I., 475 ; Benton's Thirty
Years' View, I., 297-361 ; Sumner's Jackson, 291 ;
Von Hoist's Calhoun, 104 ; Par ton's Jackson, III.,

457-

An ordinance to nullify certain acts of the Congress of
the United States, purporting to be laws laying duties and
imposts on the importation of foreign commodities.

Whereas the Congress of the United States by various
acts, purporting to be acts laying duties and imposts on
foreign imports, but in reality intended for the protec-
tion of domestic manufactures, and the giving of boun-
ties to classes and individuals engaged in particular
employments, at the expense and to the injury and
oppression of other classes and individuals, and by
wholly exempting from taxation certain foreign commod-
ities, such as are not produced or manufactured in the
United States, to afford a pretext for imposing higher
and excessive duties on articles similar to those intended
to be protected, hath exceeded its just powers under the
constitution, which confers on it no authority to afford
such protection, and hath violated the true meaning and
intent of the constitution, which provides for equality in
imposing the burdens of taxation upon the several States
and portions of the confederacy : And whereas the said
Congress, exceeding its just power to impose taxes and
collect revenue for the purpose of effecting and accom-
plishing the specific objects and purposes which the
constitution of the United States authorizes it to effect
and accomplish, hath raised and collected unnecessary
revenue for objects unauthorized by the constitution.

We, therefore, the people of the State of South Caro-
lina, in convention assembled, do declare and ordain, and
it is hereby declared and ordained, that the several acts

OF AMERICAN HIS TOE Y. 30 1

and parts of acts of the Congress of the United States,
purporting to be laws for the imposing of duties and
imposts on the importation of foreign commodities, and
now having actual operation and effect within the United
States, and, more especially, an act entitled " An act in
alteration of the several acts imposing duties on imports,"
approved on the nineteenth day of May, one thousand
eight hundred and twenty-eight, and also an act entitled
" An act to alter and amend the several acts imposing du-
ties on imports," approved on the fourteenth day of July,
one thousand eight hundred and thirty-two, are unau-
thorized by the constitution of the United States, and
violate the true meaning and intent thereof and are null,
void, and no law, nor binding upon this State, its officers
or citizens ; and all promises, contracts, and obligations,
made or entered into, or to be made or entered into,
with purpose to secure the duties imposed by said acts,
and all judicial proceedings which shall be hereafter had
in affirmance thereof, are and shall be held utterly null
and void.

And it is further ordained, that it shall not be lawful
for any of the constituted authorities, whether of this
State or of the United States, to enforce the payment of
duties imposed by the said acts within the limits of this
State ; but it shall be the duty of the legislature to
adopt such measures and pass such acts as may be neces-
sary to give full effect to this ordinance, and to prevent
the enforcement and arrest the operation of the said acts
and parts of acts of the Congress of the United States
within the limits of this State, from and after the 1st
day of February next, and the duty of all other consti-
tuted authorities, and of all persons residing or being
within the limits of this State, and they are hereby
required and enjoined to obey and give effect to this
ordinance, and such acts and measures of the legislature
as may be passed or adopted in obedience thereto.

And it is further ordained, that in no case of law or

302

DOCUMENTS ILLUSTRATIVE

equity, decided in the courts of this State, wherein shall
be drawn in question the authority of this ordinance, or
the validity of such act or acts of the legislature as may
be passed for the purpose of giving effect thereto, or the
validity of the aforesaid acts of Congress, imposing
duties, shall any appeal be taken or allowed to the
Supreme Court of the United States, nor shall any copy
of the record be permitted or allowed for that purpose ;
and if any such appeal shall be attempted to be taken,
the courts of this State shall proceed to execute and
enforce their judgments according to the laws and usages
of the State, without reference to such attempted appeal,
and the person or persons attempting to take such
appeal may be dealt with as for a contempt of the court.
And it is further ordained, that all persons now hold-
ing any office of honor, profit, or trust, civil or military,
under this State (members of the legislature excepted),
shall, within such time, and in such manner as the legisla-
ture shall prescribe, take an oath well and truly to obey,
execute, and enforce this ordinance, and such act or acts
of the legislature as may be passed in pursuance thereof,
according to the true intent and meaning of the same ;
and on the neglect or omission of any such person or
persons so to do, his or their office or offices shall be
forthwith vacated, and shall be filled up as if such person
or persons were dead or had resigned'; and no person
hereafter elected to any office of honor, profit, or trust,
civil or military (members of the legislature excepted),
shall, until the legislature shall otherwise provide and
direct, enter on the execution of his office, or be in any
respect competent to discharge the duties thereof until
he shall, in like manner, have taken a similar oath ; and
no juror shall be empannelled in any of the courts of this
State, in any cause in which shall be in question this
ordinance, or any act of the legislature passed in pursu-
ance thereof, unless he shall first, in addition to the usual
oath, have taken an oath that he will well and truly obey,

OF AMERICAN HISTORY.

303

execute, and enforce this ordinance, and such act or acts
of the legislature as may be passed to carry the same
into operation and effect, according to the true intent
and meaning thereof.

And we, the people of South Carolina, to the end that
it may be fully understood by the government of the
United States, and the people of the co-States, that we
are determined to maintain this our ordinance and dec-
laration, at every hazard, do further declare that we will
not submit to the application of force on the part of the
federal government, to reduce this State to obedience ;
but that we will consider the passage, by Congress, of
any act authorizing the employment of a military or
naval force against the State of South Carolina, her con-
stitutional authorities or citizens ; or any act abolishing
or closing the ports of this State, or any of them, or
otherwise obstructing the free ingress and egress of ves-
sels to and from the said ports, or any other act on the
part of the federal government, to coerce the State, shut
up her ports, destroy or harass her commerce, or to
enforce the acts hereby declared to be null and void,
otherwise than through the civil tribunals of the country,
as inconsistent with the longer continuance of South
Carolina in the Union ; and that the people of this State
will henceforth hold themselves absolved from all further
obligation to maintain or preserve their political connec-
tion with the people of the other States ; and will forth-
with proceed to organize a separate government, and do
all other acts and things which sovereign and independ-
ent States may of right do.

Done in convention at Columbia, the twenty-fourth
day of November, in the year of our Lord one thousand
eight hundred and thirty-two, and in the fifty-seventh
year of the declaration of the independence of the United
States of America.

304 DOCUMENTS ILLUSTRATIVE

ORDINANCE OF SECESSION— 1860.

On receiving the news of Lincoln's election the
South Carolina legislature called a convention
which passed the Ordinance of Secession Decem-
ber 20,. i860. This was done because, as the South
Carolina declaration of independence stated : " A
geographical line had been drawn across the Union,
and all the states north of that line have united
in the election of a man to the high office of
President of the United States, whose opinions
and purposes are hostile to slavery." Copies of
this ordinance were forwarded to the other Southern
states which passed similiar ordinances, as follows :
Mississippi, January 9, 1861 ; Florida, January 10;
Alabama, January 1 1 ; Georgia, January 19 ; Louis-
iana, January 26 ; Texas, February 1. Delegates
from the seceded states met at Montgomery, Ala-
bama, February 4, 1 861, and organized a provisional
government. These states were afterwards joined
by Virginia, April 1 7 ; Arkansas, May 6 ; and
North Carolina, May 20.

Consult Lossing's Civil War, I., 103; Comte de
Paris' Civil War, I., 122; Greeley 's American
Conflict, I., 344; Draper's Civil War, I., 514.

OF AMERICAN HISTORY. g05

ORDINANCE OF SECESSION— 1860.

An ordinance to dissolve the Union between the
State of South Carolina and other States united with her
under the compact entitled " The Constitution of the
United States of America."

We, the People of the State of South Carolina, in Con-
vention assembled, do declare and ordain, and it is hereby
declared and ordained, that the Ordinance adopted by
us in Convention, on the Twenty-third of May, in the year
of our Lord one thousand seven hundred and eighty-eight,
whereby the Constitution of the United States was ratified,
and also all other Acts and parts of Acts of the General
Assembly of the State ratifying amendments of the said
Constitution, are hereby repealed, and the Union now
subsisting between South Carolina and other States,
under the name of the United States of America, is here-
by dissolved.

In justification of the preceding ordinance was
issued the following :

SOUTH CAROLINA DECLARATION OF IN-
DEPENDENCE.

The State of South Carolina, having determined to
resume her separate and equal place among nations,
deems it due to herself, to the remaining United States
of America, and to the nations of the world, that she
should declare the causes which have led to this act.

In the year 1765, that portion of the British empire em-
bracing Great Britain, undertook to make laws for the
government of that portion composed of the thirteen
American colonies. A struggle for the right of self-
government ensued, which resulted, on the 4th of July,
1776, in a declaration by the colonies, "that they are,
and of right ought to be, free and independent states,

306

DOCUMENTS ILLUSTRATIVE

and that, as free and independent states, they have full
power to levy war, to conclude peace, contract alliances,
establish commerce, and do all other acts and things
which independent states may of right do."

They further solemnly declared, that whenever any
" form of government becomes destructive of the ends
for which it was established, it is the right of that people
to alter or abolish it, and to institute a new government."
Deeming the government of Great Britain to have be-
come destructive of these ends, they declared that the
colonies " are absolved from all allegiance to the British
crown, and that all political connection between them
and the states of Great Britain is and ought to be totally
dissolved."

In pursuance of this declaration of independence, each
of the thirteen states proceeded to exercise its separate
sovereignty ; adopted for itself a constitution, and ap-
pointed officers for the administration of government in
all its departments — legislative, executive, and judicial.
For purpose of defense, they united their arms and their
counsels; and, in 1778, they united in a league, known as
the articles of confederation, whereby they agreed to in-
trust the administration of their external relations to a com-
mon agent, known as the Congress of the United States,
expressly declaring in the first article, " that each state re-
tains its sovereignty, freedom, and independence, and
every power, jurisdiction, and right which is not, by this
confederation, expressly delegated to the United States
in Congress assembled."

Under this consideration the war of the Revolution
was carried on, and on the 3d of September, 1783, the
contest ended, and a definite treaty was signed by Great
Britain, in which she acknowledged the independence of
the colonies in the following terms :

Article I. His Britannic Majesty acknowledges the
said United States, viz.: New Hampshire, Massachusetts
Bay, Rhode Island and Providence Plantation, Connect!'

OF AMERICAN HISTORY. ^07

cut, New York, New Jersey, Pennsylvania, Delaware,
Maryland, Virginia, North Carolina, South Carolina, and
Georgia, to be free, sovereign, and independent states ;
that he treats them as such ; and for himself, his heirs,
and successors, relinquishes all claim to the government,
proprietary and territorial rights of the same, and every
part thereof.

Thus was established the two great principles asserted
by the colonies, namely, the right of a state to govern
itself, and the right of a people to abolish a government
when it becomes destructive of the ends for which it was
instituted. And concurrent with the establishment of
these principles was the fact, that each colony became
and was recognized by the mother country as a free,
sovereign, and independent state.

In 1787, deputies were appointed by the states to revise
the articles of confederation, and on September 17th,
1787, the deputies recommended for the adoption of the
states the articles of union known as the constitution of
the United States.

The parties to whom the constitution was submitted
were the several sovereign states ; they were to agree or
disagree, and when nine of them agreed, the compact
was to take effect among those concurring ; and the
general government, as the common agent, was then
to be invested with their authority.

If only nine of the thirteen states had concurred, the
other four would have remained as they then were — sep-
arate, sovereign states, independent of any of the pro-
visions of the constitution. In fact, two of the states
did not accede to the constitution until long after it had
gone into operation among the other eleven ; and during
that interval, they exercised the functions of an in-
dependent nation.

By this constitution, certain duties were charged on
the several states, and the exercise of certain of their
powers not delegated to the United States by the con-

308 DOCUMENTS ILLUSTRATIVE

stkution, nor prohibited by it to the states, are reserved
to the states respectively, or to the people. On the 23d
of May, 1788, South Carolina, by a convention of peo-
ple, passed an ordinance assenting to this constitution,
and afterwards altering her own constitution to conform
herself to the obligation she had undertaken.

Thus was established, by compact between the states,
a government with denned objects and powers, limited
to the express words of the grant, and to so much more
only as was necessary to execute the power granted.
The limitations left the whole remaining mass of power
subject to the clause reserving it to the state or to the
people, and rendered unnecessary any specification of
reserved powers.

We hold that the government thus established is
subject to the two great principles asserted in the dec-
laration of independence, and we hold further that the
mode of its formation subjects it to a third fundamental
principle, namely — the law of compact. We maintain
that in every compact between two or more parties, the
obligation is mutual — that the failure of one of the con-
tracting parties to perform a material part of the agree-
ment entirely released the obligation of the other, and
that, where no arbiter is appointed, each party is re-
mitted to his own judgment to determine the fact of fail-
ure with all its consequences.

In the present case that fact is established with cer-
tainty. We assert that fifteen of the states have delib-
erately refused for years past to fulfil their constitu-
tional obligation, and we refer to their own statutes for
the proof.

The constitution of the United States, in its fourth
article, provides as follows :

" No person held to service or labor in one state, under
the laws thereof, escaping into another, shall, in conse-
quence of any law or regulation therein, be discharged
from any service or labor, but shall be delivered up, on

OF AMERICAN HISTORY. ^qq

claim of party to whom such service or labor may be
due."

This stipulation was so material to the compact that
without it that compact would not have been made. The
greater number of the contracting parties held slaves,
and the state of Virginia had previously declared her
estimate of its value by making it the condition of cession
of the territory which now compose the states north of
the Ohio river.

The same article of the constitution stipulates also for
the sedition by the several states of fugitives from justice
from the other states.

The general government, as the common agent, passed
laws to carry into effect these stipulations of the states.
For many years these laws were executed. But an
increasing hostility on the part of the northern states
to the institution of slavery has led to a disregard of
their obligations, and the laws of the general govern-
ment have ceased to effect the objects of the constitution.
The states of Maine, New Hampshire, Vermont, Mas-
sachusetts, Connecticut, Rhode Island, New York, Penn-
sylvania, Illinois, Indiana, Ohio, Michigan, Wisconsin,
and Iowa have enacted laws which either nullify the acts
of Congress, or render useless any attempt to execute
them. In many of these states the fugitive is discharged
from the service of labor claimed, and in none of them
has the state government complied with the stipulation
made in the constitution. The state of New Jersey,
at an early day, passed a law for the rendition of fu-
gitive slaves in conformity with her constitutional under-
taking ; but the current of anti-slavery feeling has led her
more recently to enact laws which render imperative
the remedies provided by her own law, and by the laws
of Congress. In the state of New York even the right of
transit for a slave has been denied by her tribunals, and
the states of Ohio and Iowa have refused to surrender to
justice fugitives charged with murder and inciting servile

3 l o DOCUMENTS ILL USTRA TIVE

insurrection in the state of Virginia. Thus the constitu-
tional compact has been deliberately broken and disre-
garded by the non-slaveholding states, and the conse-
quence follows that South Carolina is released from its
obligation.

The ends for which this constitution was framed are
declared by itself to be "to form a more perfect union,
establish justice, insure domestic tranquillity, provide for
the common defence, protect the general welfare, and se-
cure the blessings of liberty to ourselves and posterity."

These ends it endeavored to accomplish by a federal
government, in which each state was recognized as an
equal, and had separate control over its own institutions.
The right of property in slaves was recognized by giving
to free persons distinct political rights ; by giving them
the right to represent, and burdening them with direct
taxes for three-fifths of their slaves ; by authorizing the
importation of slaves for twenty years, and by stipulating
for the rendition of fugitives from labor.

We affirm that these ends for which this government
was instituted have been defeated, and the government
itself has been made destructive of them by the action of
the non-slaveholding state. These states have assumed
the right of deciding upon the propriety of our domestic
institutions, and have denied the rights of property estab-
lished in fifteen of the states and recognized by the con-
stitution ; they have denounced as sinful the institution
of slavery ; they have permitted the open establishment
among them of societies whose avowed object is to dis-
turb the peace and claim the property of the citizens of
other states. They have encouraged and assisted thou-
sands of our slaves to leave their homes, and those who
remain have been incited by emissaries, books, and pict-
ures to servile insurrection.

For twenty-five years this agitation has been steadily
increasing, until it has now secured to its aid the power
of the common government. Observing the forms of the

OF AMERICAN HISTOR Y. ^ 1 1

constitution, a sectional party has found within that ar-
ticle establishing the executive department the means of
subverting the constitution itself. A geographical line
has been drawn across the Union, and all the states north
of that line have united in the election of a man to the
high office of President of the United States, whose opin-
ions and purposes are hostile to slavery. He is to be en-
trusted with the administration of the common govern-
ment, because he has declared that that "government
cannot endure permanently half slave, half free," and that
the public mind must rest in the belief that slavery is in
the course of ultimate extinction.

This sectional combination for the subversion of the
constitution has been aided in some of the states by ele-
vating to citizenship persons who, by the supreme law of
the land, are incapable of becoming citizens, and their
votes have been used to inaugurate a new policy hostile
to the south, and destructive of its peace and safety.

On the 4th of March next, this party will take posses-
sion of the government. It has announced that the south
shall be excluded from the common territory ; that the
judicial tribunals shall be made sectional, and that a war
must be waged against slavery until it shall cease through-
out the United States.

The guarantees of the constitution will then no longer
exist ; the equal rights of the states will be lost. The
slaveholding states will no longer have the power of self-
government or self-protection, and the federal govern-
ment will have become their enemies.

Sectional interest and animosity will deepen the irrita-
tion, and all hope of remedy is rendered vain by the fact
that public opinion at the north has invested a great po-
litical error with the sanctions of a more erroneous relig-
ious belief.

We, therefore, the people of South Carolina, by our
delegates in convention assembled, appealing to the Su-
preme Judge of the world for the rectitude of our inten-

312

DOCUMENTS ILLUSTRATIVE

tions, have solemnly declared that the union heretofore
existing between this state and the other states of North
America is dissolved, and that the state of South Carolina
has resumed her position among the nations of the world
as a free, sovereign, and independent state, with full
power to levy war, conclude peace, contract alliances, es-
tablish commerce, and to do all other acts and things
which independent states may, of right, do.

And, for the support of this declaration, with a firm re-
liance on the protection of Divine Providence, we mutu-
ally pledge to each other, our lives, our fortunes, and our
sacred honor.

CF AMERICAN HIS TOR V. 3 1 *

EMANCIPATION PROCLAMATION—

1863.

September 22, 1862, after the battle of Antietam,
President Lincoln issued a proclamation declaring :
"That on the first day of January, in the year of
our Lord one thousand eight hundred and sixty-
three, all persons held as slaves within any state, or
designated part of a state, the people whereof shall
then be in rebellion against the United States, shall
be then, thenceforward, and forever free." Accord-
ingly, January 1, 1863, the Emancipation Proclama-
tion was issued, placing the war on its true footing.
This proclamation was confirmed by the thirteenth
amendment to the Constitution, adopted Decem-
ber 18, 1865.

Consult Wilson 's Rise and Fall of Slave Power
in America, III., 380; Lossing's Civil War;
Comte de Paris' Civil War, II., 745; Greeley's
American Conflict, II., 249; Draper's Civil War,
II., 607; Arnold's Lincoln, 252.

EMANCIPATION PROCLAMATION BY ABRA-
HAM LINCOLN, JANUARY 1, 1863.

Whereas, On the twenty-second day of September, in
the year of our Lord one thousand eight hundred and
sixty-two, a proclamation was issued by the President of
the United States, containing among other things the
following, to wit: "That on the first day of January, in
the year of our Lord one thousand eight hundred and

3i4

DOCUMENTS ILLUSTRATIVE

sixty-three, all persons held as slaves within any state, or
designated part of the state, the people whereof shall be
in rebellion against the United States, shall be then,
thenceforward, and forever free ; and the executive
government of the United States, including the military
and naval authority thereof, will recognize and maintain
the freedom of such persons, and will do no act or acts
to repress such persons or any of them in any efforts
they may make for their actual freedom ; that the Execu-
tive will, on the first day of January aforesaid, by proc-
lamation, designate the states, and parts of states, if any,
in which the people thereof, respectively, shall then be
in rebellion against the United States ; and the fact that
any state, or the people thereof, shall on that day be in
good faith represented in the Congress of the United
States by members chosen thereto at elections wherein a
majority of the qualified voters of such states shall have
participated, shall, in the absence of strong countervailing
testimony, be deemed conclusive evidence that such
state, and the people thereof, be not then in rebellion
against the United States."

Now, therefore, I, Abraham Lincoln, President of the
United States, by virtue of the power in me vested as
commander-in-chief of the army and navy of the United
States in time of actual armed rebellion against the
authority and government of the United States, and as
a fit and necessary war-measure for suppressing said re-
bellion, do, on this first day of January, in the year of our
Lord one thousand eight hundred and sixty-three, and in
accordance with my purpose so to do, publicly proclaimed
for the full period of one hundred days from the day first
above mentioned, order and designate as the states and
parts of states, wherein the people thereof, respectively,
are this day in rebellion against the United States, the
following, to wit: Arkansas, Texas, Louisiana (except the
parishes of St. Bernard, Plaquemines, Jefferson, St. John,
St. Charles, St. James, Ascension, Assumption, Terre-

OF AMERICAN HISTORY.

315

Bonne, Lafourche, Ste. Marie, St. Martin, and Orleans,
including the city of New Orleans), Mississippi, Alabama,
Florida, Georgia, South Carolina, North Carolina, and
Virginia (except the forty-eight counties designated as
West Virginia, and also the counties of Berkley, Ac-
comac, Northampton, Elizabeth City, York, Princess
Anna, and Norfolk, including the cities of Norfolk and
Portsmouth), and which excepted parts are, for the pres-
ent, left precisely as if this proclamation.were not issued.
And by virtue of the power, and for the purpose afore-
said, I do order and declare, that all persons held as slaves
within said designated states and parts of states, are and
henceforward shall be free ; and that the executive gov-
ernment of the United States, including the military and
naval authorities thereof, will recognize and maintain the
freedom of said persons. And I hereby enjoin upon the
people so declared to be free to abstain from all violence,
unless in necessary self-defense ; and I recommend to
them, that in all cases, when allowed, they labor faith-
fully for reasonable wages. And I further declare and
make known, that such persons, of suitable condition,
will be received into the armed service of the United
States, to garrison forts, positions, stations, and other
places, and to man vessels of all sorts in said service.
And upon this act, sincerely believed to be an act of jus-
tice, warranted by the constitution upon military ne-
cessity, I invoke the considerate judgment of mankind
and the gracious favor of Almighty God.

In testimony whereof I have hereunto set my name,
and caused the seal of the United States to be affixed.
Done at the city of Washington this first day of January,
in the year of our Lord one thousand eight hundred and
sixty-three, and of the independence of the United States
the eighty-seventh.

ABRAHAM LINCOLN.

By the President :

William H. Seward,

Secretary of State.

REFERENCES.

Adams (J. Q.), N. E. Confederacy of 1643, Mass. Hist. Soc. Coll.

Arnold (I. N.), Life of Abraham Lincoln.

Arnold (S. G.), History of Rhode Island, 2 v.

Bancroft (George), History of the United States.

Barry (J. S.), History of Massachusetts, 3 v.

Benton (T. H.), Thirty Years' View, 2 v.

Bogman (J. L.), History of Maryland.

Browne (\V. H), Maryland. (American Commonwealths.)

Bryant (W. C.) and Gay (S. H.), Popular History of the U. S., 4 v.

Burnet (Jacob), Notes on Early Settlement of the North-west Territory.

Chalmers (George), Political Annals.

" " Revolt of the American Colonies, 2 v.

Chamberlin (Mellin), Authentification of the Declaration of Independence,
Mass. Hist. Soc. Proc.

Cooke (J. E.), Virginia. (American Commonwealths.)

Curtis (Geo. T.), History of the Formation and Adoption of the Constitu-
tion of the United States, 2 v.

Curtis (Geo. T.), The Treaty of Peace and Independence, Harpers' Maga-
zine, LXVI.

Davis (J. C. B.), Treaties and Conventions, Senate Ex. Doc. N0.36, Forty.
First Congress, 3d Session.

Donaldson (Thomas), The Public Domain, H. Mis. Doc. 45, pt. 4, 47th
Congress, 2d Session.

Doyle (J. A.), The English Colonies in America.

Draper (J. W.), History of the American Civil War, 3 v.

Elliot (Jonathan), Debates on the Adoption of the Federal Constitution.

Fiske (John), Political Consequences of Cornwallis' Surrender, Atlantic
Monthly.

Frothingham (Richard), Rise of the Republic of the U. S.

Gibbs (George), Memoirs of the Administrations of Washington and
Adams, 2 v.

Greeley (Horace), American Conflict, 2 v.

Greene (G. W. ), Historical View of the American Revolution.
" " Short History of Rhode Island.

Hamilton (J. C), History of the United States, 7 v.

Hildreth (Richard), History of the United States, 6 v.

Hoist (H. von), Constitutional History of the United States, 5 v.
" " John C. Calhoun. (American Statesmen.)

3J7

3i8

REFERENCES.

Jefferson (Thomas), Works, 9 v.

Lossing (Benson J.), Pictorial History of the Civil War.

McMaster (John B.), History of the People of the United States, 2 v.

Morse (J. T.), Thomas Jefferson. (American Statesmen.)

Neil (E. D.), English Colonization.

" " Virginia Company.
Palfrey (J. G.), History of New England, 4 v.
Paris (Comte de), History of the Civil War in America, 3 v.
Parton (James), Life of Andrew Jackson.

Pitkin (Timothy), Political and Civil History of the United States, 2 v.
Poole (W. F.), Dr. Cutter and the Ordinance of 1787, North American

Review, v. 122.
Poore (B. P.), Federal and State Constitution.
Prince (L. B. ), The Articles of Confederation vs. The Constitution.
Proud (Robert), History of Pennsylvania.

Schouler (James), History of the United States under the Constitution, 3 v.
Stevens (J. A.), Albert Gallatin. (American Statesmen.)
Story (Joseph), Commentaries on the Constitution, 3 v.
Sumner (W. G. ), Andrew Jackson. (American Statesmen.)
Towle (N. C), History and Analysis of the Constitution of the United

States.
Webster (Daniel), Works, 6 v.
Wilson (Henry), History of the Rise and Fall of the Slave Power in

America, 3 v.
Wenser (Justin), and others, Memorial History of Boston, 4 v.

INDEX OF DOCUMENTS.

Alien Law, 277.

Articles of Confederation, 218.

Association of 1774, 199.

Bill of Rights of Va., 206.

Charter of Conn., 96; Ga., 148; Md.,62; Mass., 36; Penn., 130; R. L, no;

Va. 1st, 1 ; Va. 2d, 14; Va. 3d, 22.
Confederation, Articles of, 218.

" New England, 85.

Connecticut, Fundamental Order of, 78.

" Charter of, 96.

Constitution of U. S. and Amendments, 251.

Declaration of Independence U. S., 210.
S. C, 305.
" Rights, 1765, 188; 1774, 192.

Emancipation Proclamation, 313.

Franklin's Plan of Union, 170.
Fundamental Orders of Conn., 78.

Georgia Charter, 148

Kentucky, Resolutions of 1798, 287; of 1799, 295.

Maryland Charter, 62.
Massachusetts Charter, 36.
Mayflower Compact, 29.

New England Confederation, 85.
Non-Importation Agreement, 199.
North-west Ordinance, 240.
Nullification Ordinance, 299.

Ordinance for Virginia, 32.

" North-west, 240 ; Nullification, 299.
" of Secession, 304.

3J9

320

INDEX OF DOCUMENTS.

Peace, Treaty of, 232.

Penn's Plan of Union, 146.

Pennsylvania Charter, 130.

Plan of Union, Franklin's, 170 ; Penn's, 146.

Resolution, Kentucky, 1798, 287; 1799, 295; Virginia, 283.

Rhode Island Charter, no.

Rights, Bill of, Virginia, 206; Declaration of 1765, 188; 1774, 192.

Secession, Ordinance of, 304.

Sedition Law, 280.

South Carolina, Declaration of Independence, 305.

Treaty of Peace, 232.

Union, Franklin's Plan of, 170; Penn's Plan of, 146.

Virginia, First Charter, 1 ; Second, 14; Third, 22; Ordinance for, 32; Bill
of Rights of, 206 ; Resolution of, 283.

Illustrations of History, and Examples of Oratory.

AMERICAN ORATIONS, from the Colonial Period to the
Present Time. — Selected as specimens of Eloquence, and with special
reference to their value in throwing light upon the more important epochs
and issues of American History. Edited, with introductions and notes, by
Alexander Johnston, Professor of Jurisprudence and Political Economy
in the College of New Jersey. Three volumes, i6mo. Uniform with
" Prose Masterpieces." $3.75.

Contents. — Colonialism : Henry, Hamilton, Washington. Constitu-
tional Government : Ames, Nicholas. Rise of Democracy : Jefferson, Nott,
Randolph, Quincy, Clay. Rise of Nationality : Calhoun, Hayne, Webster.
Anti-Slavery Struggle : Phillips, Calhoun, Webster, Clay. Abolition Move-
ment : Phillips. Kansas-Nebraska Bill : Chase, Sumner, Douglas. Crime
against Kansas : Sumner ; Preston S. Brooks' Reply to Sumner. Defence
of Massachusetts : Burlingame. On Debates in Congress : Clingman. Lin-
coln 07i his Nomination ; Douglas in reply. Breckenridge and Seward on
Slavery. Secession : Crittenden, Iverson, Toombs, Hale, Stevens, Cox.
Civil War and Reconstruction : Lincoln, Davis (Jefferson), Stevens, Doug-
las, Vallandigham, Schurz, Beecher, Lincoln (second inaugural address),
Davis (H. W.), Pendleton, Sherman, Stevens, Garfield, Blackburn, Hay-
good. Trotectiou and Free Trade : Clay, Hurd.

"The idea, the plan, and the execution of the work are admirable." —
Boston Advertiser.

"The best method, in our judgment, to acquire a truly fine style either
for the pen or the platform is by reading and re-reading the best specimens
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the pulpit, a careful reading of these volumes will be an admirable educa-
tion."— Christian Union, New York.

BRITISH ORATIONS.— A selection of the more important and
representative Political Addresses of the past two centuries. Edited, with
introductions and notes, by Charles K. Adams, Professor of History in
the University of Michigan. Three vols., l6mo. Uniform with "American.
Orations." $3.75.

Contents. — Eliot (Sir John), Pym, Chatham, Mansfield, Burke, Pitt,
Fox, Mackintosh, Erskine, Canning, Macaulay, Cobden, Bright, Beacons-
field, Gladstone.

" Carefully selected specimens of oratorical eloquence The

volumes contain a rich store of instructive, no less entertaining material." —
Advertiser, Boston.

"Show the great currents of political thoughts that have done much to
shape the history of Great Britain." — N. E. Journal of Education, Boston.

" Not only of interest to the student of oratory, but to all who would
trace the rise and progress of free political institutions." — Transcript, Port-
land.

G. P. PUTNAM'S SONS,

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PUBLICATIONS OF G. P. PUTNAM'S SONS.

A History of American Literature. By Moses Coit Tyler, Pro-
fessor of English Literature in the University of Michigan. Volumes
I and II, comprising the period, 1607-1765. Large 8vo, about 700
pages, handsomely bound in cloth, extra, gilt top, $6.00 ; half calf,
extra, . . . $11 00

The History of American Literature, now offered to the public, is the first at-
tempt ever made to give a systematic and critical account of the literary development
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